E-scooter rider to pay $4k over collision
A woman seriously injured by a Lime e-scooter said the speed of the scooter’s driver “pummelled” her, turning her into “a human spear”.
Debra Christensen read her victim impact statement at the sentencing of the rider, Mitchell McIntyre, at Auckland District Court yesterday.
McIntyre has been found guilty of careless and inconsiderate vehicle operation after a judge-alone trial last month. He has been ordered to pay $4000 in reparations.
He knocked over Christensen as she left a bus on Fanshawe St while heading to work on June 25, 2019.
“Clearly the speed pummelled me, turning me into a human spear, my feet not even touching the ground,” she told the courtroom. “Onlookers were shocked to the core.”
The now 65-year-old said she woke up face down on the road.
“We don’t look as we get off the bus, we are watching our step.”
Judge Christopher Field said yesterday that McIntyre’s control of the scooter fell below that of a reasonable and prudent driver.
Both parties had to be mindful of their surroundings and modify their behaviour, he said.
The bus stop was on a footpath so Christensen defended her decision not to look left or right before stepping off, the court heard during the trial.
Christensen said she was concussed, needed a brain scan, and had injuries to her cheek, chin, and hand.
CCTV footage shows the collision, and that Christensen was partially under the bus.
There is no record of the speed at which McIntyre was travelling, but footage shows it was faster than walking pace, Judge Field said.
“CCTV footage shows the defendant approaching on the scooter, becoming aware of complainant on the bus and attempting to swerve, unfortunately swerving towards the bus rather than away from it,” he said.
McIntyre apologised to Christensen at the time of the collision, the court heard.
Defence counsel Alistair Haskett said McIntyre was “something of a guinea pig” caught up in a bigger issue about a lack of guidance and facilities for scooter users. However, safety measures have since been provided, including warnings for people signing on to apps on their mobile devices.
Haskett also said McIntyre epitomised broader problems which resulted from authorities making cars less attractive to people.
Christensen yesterday said her case highlighted a wider issue. “I think that the bus stop should be considered a safe place.” She added: “I cried when viewing the photographs, to select a couple for this statement ... how can anyone be so reckless?”