CAR v CYCLE
Road rage case in court
Apensioner with an unblemished court record has been convicted for an Auckland road-rage crash which left a cyclist with a broken femur.
Jerram Perpetuo Ferreira, 69, was turning left into a driveway in Milford in his SUV when he cut off a cyclist on February 28, shortly after 9am.
Cyclist Mark Allemann, 46, sounded his horn before verbally abusing Ferreira, a court heard.
“That happens many times a day and that should have been it,” Judge Claire Ryan told Ferreira at a sentencing hearing at the North Shore District Court this week.
But Ferreira then overtook Allemann in the cycle lane, slowing and speeding to hinder the cyclist.
When Ferreira stopped abruptly, Allemann crashed into the back of the car and fell, breaking his left leg.
The fracture required a metal screw and Allemann would need further surgery, possibly a hip replacement later in life, the judge said.
Prescribed tramadol and morphine also had a big impact on him.
The injury caused Allemann, a business analyst, to miss out on some of the “important” moments in his life — golfing, mountain biking and family holidays, Judge Ryan said.
Allemann’s young son saw dad as “a superman” and could not understand why he could not get up and play, the judge said. “All in all it has not been a happy time at all for Mr Allemann.”
Ferreira’s lawyer Geoffrey Anderson said road rage was a nationwide problem — “we think our cars are our castles”.
It should be noted the collision happened at the rear of the car and Ferreira had reported what happened at a police station, Anderson said.
The judge said the crash was not an accident and it was concerning Ferreira had tried to explain it away.
He was charged with driving dangerously causing injury and failing to stop to ascertain injury.
Failing to stop to check for injury is an “example of cowardice” so concerning Parliament had made it unlawful, Judge Ryan said.
Anderson said Ferreira had taken responsibility by entering guilty pleas, writing a letter of apology and presenting a bank cheque for the full sum of reparations.
The former electrical engineer was on the pension and the sum had “drained him” of funds, forcing him to sell his vehicle, Anderson said.
Judge Ryan noted Ferreira had failed to help the cyclist, instead driving off before a member of the public confronted him.
He also had been previously fined for a dangerous lane change, but had no prior convictions, she said.
The judge sentenced Ferreira to six months’ community detention, six months’ supervision and ordered him to attend programmes as directed by probation officers.
He was also disqualified from driving for 20 months and ordered to pay Allemann about $9580 in reparations.
Speaking after the case, Allemann said he felt Ferreira lacked remorse. He was yet to see the apology letter.
“There needs to be more tolerance, more respect for everyone.”
People underestimated the speed cyclists could reach and the consequences when things went wrong, he said. “He could have easily killed me.
“I’m constantly aware there is a chunk of metal in there [his leg] that was not in there previously.”
Allemann had not been cycling to work since the incident because he was too fearful of going past the same driveway, but he felt reassured that Ferreira had been disqualified.
“It’s been bad for him, bad for me. There’s been nothing good out of it.”