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Court throws out LGV driver’s appeal against careless driving conviction

The Court of Appeal has rejected an appeal by a driver convicted of causing death by careless driving, even though he wasn’t in his lorry at the time.

The case has prompted a motoring lawyer to warn that hauliers and their drivers must avoid causing unnecessary obstructions, or else expect to be investigated by the police.

Raymond Jenkins parked his LGV on a stretch of the A68 with double white lines in County Durham after being unable to drive into the premises of his delivery destination.

Although he had put his hazard lights on, the low position of the sun meant that van driver Peter Kemp did not see the lorry until it was too late and collided with it at an estimated 50mph to 60mph. He died at the scene.

Jenkins’ defence lawyers argued that he had taken reasonable precautions and as he had stopped driving 10 minutes before the crash, there was no actual ‘driving’ at the time of the accident and therefore he could not be guilty of the offence.

But the Appeal court dismissed this argument, stating that “It was an accident waiting to happen”.

The judges stated that the Act defined the offence as “‘causing the death…by driving.’ It is not ‘causing the death while driving.’”

They added that the incident just fell short of death by dangerous driving.

More to come

Philip Somarakis, partner at Davenport Lyons, said: “I think this case sets the scene for other cases on this point.

“Drivers who cause unnecessary obstructions to other road users or pedestrians by their parking will face legal consequences because of their actions.

“Employers may also be liable as well. Drivers who are unsure about whether it is safe to park in a given place should always err on the side of caution.”

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