FATAL CRASH SENTENCE
LORRY DRIVER IS FINED €4K AND BANNED FROM DRIVING FOR SEVEN YEARS
A driver whose articulated lorry veered off the N4 near Castlebaldwin resulting in the death of a County Council worker had fallen asleep, Judge Francis Comerford stated during his sentencing hearing at Sligo Circuit Court.
The Judge made the remarks when passing sentence last Tuesday on Vlastimil Zachar (44) of Newbridge, County Kildare who had been found guilty by a jury following a trial last December after a three week trial of careless driving causing the death of Padraig Noone (62) and careless driving causing serious injury to Anthony Feighney and Damien Davey who were also part of the council road crew cutting grass verges along the N4 on August 13th 2015.
He had been found not guilty of dangerous driving causing serious injury.
Zachar, a Czech national, had driven his Scania from his home on the morning of the accident at 8am and off-loaded goods in Mullingar where he had a takeaway coffee before heading for Sligo.
The fatal accident ocurred at 11.15am when his lorry veered 60cm into the hard shoulder, striking a council Mitsubishi flatbed lorry which spun around on the road .
The Scania went on to strike a JCB in front of the Mitsubishi and which was forced up on to the grass. The late Mr Noone had been clearing litter in front of the JCB and was struck by it.
The court heard Zachar was travelling at 90kph at the time of the accident when he should have been going at 80kph.
Passing sentence, Judge Comerford said he was aware of the loss and damage sufferred by all of the people involved int he accident and noted in particular the contents of the Victim Impact Reports.
He said the late Mr Noone was described as being proud and dignified and this had shone through from the statements given to the court by his wife and two daughters.
Some aspects of the statements struck home to him, like his wife recalling how her late husband had told her he would cut the grass on his return home on the day of the fatal accident and her being brought to the scene that night and the eeriness of it all.
The Judge said he was satisfied also that the accident brought life changing injuries to Damien Davey, Anthony Feighney and it had also been a serious accident too for another council worker, Gerry Glynn.
“The 13th of August is going to be forever a day with them for the rest of their lives. The consequences have been devastating for all those touched by it directly or indirectly,” said the Judge adding that it was hard to be cold and clinical or analytical in light of the evidence.
The Judge went on to define the defintion of careless driving which was driving without due care and attention, which fell below the standard expected of a prudent driver.
He said there was no doubt the defendant’s driving was the cause of the accident. He had left the ordinary line of travel and moved 60cm into the hard shoulder and made contact with a council Mitsubishi lorry which was spun around.
“There doesn’t seem to be any other explanation for this other than he did fall alseep given the physical evidence. I can’t see any other explanation,” he said.
This was the case made by the defence and the prosecution evience didn’t contradict this. The defendant wasn’t tired on the day of the crash and he wasn’t aware he had any condition or was at risk of falling alseep.
The Judge said he could not treat the matter as a case that he made a bad decision, that he was aware of a medical condition and decided to keep on driving.
Judge Comerford asked what blame worthiness was on the defendant.
“He was breaching the speed limit, that is a factor. He was twelve and a half per cent above the speed limit but this was described as not being dangerous for that type of road.
“But that twelve per cent is of some significance. It is a very heavy vehicle and the force is all the greater because of that speed,” he said.
If he had been travelling slower the JCB mightn’t have been thrown as far.
The Judge said he wasn’t satisfied that he could sentence on the basis that the defendant was aware of any sleep difficulty he had.
Referring to the Noone family, Judge Comerford said he could not see how they could not have resentment for what had happened on that day even if it was a real accident.
In conclusion, the Judge said he did feel it was careless driving when travelling at 10kph in excess of the speed limit for the lorry. The defendant’s driving fell into the lower ranges of careless driving, he said, adding this was not in any way discounting the consequences of his wrongdoing.
The Judge fined Zachar a total of €4,000 and banned him from driving for seven years. The defendant was given two years to pay the fine.
Judge Comerford also extended his heartfelt sympathies to the Noone family.