‘You did not realise what happened until you had hit him’
JAIL FOR LORRY DRIVER WHO STRUCK AND KILLED CYCLIST
A LORRY driver who was speeding when he collided with and killed a much-loved Derbyshire cyclist has been jailed.
Derby Crown Court heard how Richard Smith struck David Bates as he rode on the A515 between Clifton and Ashbourne on September 10, 2019.
His sentencing hearing was told how minutes before the collision, Smith had narrowly avoided a collision with a car.
Jailing the defendant, of Middleton-by-Wirksworth, for seven months, Judge Jonathan Bennett said: “This was not a prolonged case of very bad driving and there was no issue with drugs or alcohol.
“Was there inappropriate speed? Yes, it’s not excessive speed but you were driving at above the speed limit. There was no issue with you, for example, using a mobile phone or having a poorly maintained vehicle.
“Unfortunately, the whole issue about this case is that you just did not see him, full stop. You did not realise what happened until you had hit him.”
After retired builder Mr Bates died in the crash with Smith’s Volvo lorry, police shut the road between Darley Moor and Ashbourne at around 3.30pm, and it reopened at 7pm.
Smith, 41, of King Street, had originally denied a more serious charge of causing death by dangerous driving, but in May of this year admitted a lesser charge of causing death by careless driving.
Judge Bennett said: “I suggest this was a case of momentary inattention, the visibility on the road on that day was absolutely fine.
“(Moments before the collision) another lorry ahead of you had seen the cyclist and had moved over. You just did not see him.
“Also, it is a fact that three minutes earlier you had been behind a Peugeot speeding and you had to take evasive action to avoid that Peugeot. You had to move over the white centre line because you were too close.
“You have a previous conviction from 2016 for careless driving where you failed to check the height and hit a bridge.”
Talking about Mr Bates, the judge said: “He was an active man, one of the things he loved to do was to ride his bike with his friends over long distances, although he was on his own on this day.
“He was a very popular man, over 300 people attended his funeral in Ashbourne. His family miss him dreadfully, they had no chance to say farewell and that’s a tragedy.”
Defence barrister Tim Pole said his client suffers “significant mental health issues”.
Following his death, Mr Bates, from Clifton, Ashbourne, was described by his family as “young at heart” and a “lovely man”.
They said he was “loved by everyone who knew him” and his death “has left a big hole in the lives of his loved ones”.
At the time, his daughter said: “Dad had a passion for cycling and motorbikes and kept canaries as a hobby.
“He was full of life and always on the go. We will miss him a great deal.”
His family miss him dreadfully, they had no chance to say farewell and that’s a tragedy
Judge Jonathan Bennett