Taxi Driver Online

Jury reach verdict on whether Birmingham Uber driver caused death of speeding motorbiker

https://www.birminghammail.co.uk/news/m ... m-30991964

An Uber driver has been cleared of causing the death of a speeding motorcyclist who collided into his car and suffered fatal injuries.

Damian Demkowski, aged 33, crashed into the back of Mohammed Iqbal's Skoda Octavia on Station Road in Stechford around 3pm on August 19, 2022.

A trial at Birmingham Crown Court heard Mr Iqbal, 67, failed to give way as he pulled out of Yardley Fields Road and tried to cross Station Road.

But the jury was also told Mr Demkowski had been doing between 55mph to 74mph on the 30mph Station Road around 60 metres prior to him hitting Mr Iqbal's Skoda.

They took less than one hour and 30 minutes deliberation today - Wednesday, February 12 - to find Iqbal not guilty of causing death by careless driving, but guilty of the offence of simple careless driving.

He was subsequently handed a fine and penalty points on his licence.

Judge Heidi Kubik KC said: "Can I make it plain I know there are members of Mr Demkowski's family present in the public gallery and I have read a victim impact statement which represents their feelings about the person they knew.

"The result of the jury's verdict is that I am to sentence Mr Iqbal simply for his error in driving carelessly across the northbound lane of that junction.

"But he is not legally responsible for causing death and so the offence I now sentence him for is one that is dealt with very differently as far as sentence is concerned."

Prosecutor Will Dudley told the court the offence of careless driving was usually dealt with in a magistrates' court with a maximum sentence of an unlimited fine but stating it was a non-imprisonable offence.

He added that Iqbal's licence must be endorsed and a driving ban was optional but not mandatory.

It was confirmed he had no previous convictions and a clean licence.

Judge Kubik, moving to sentence, said: "I accept of course that when you left home that day you had no intention of causing anyone harm.

"I must sentence you in respect of what was a moment of inattention because on the evidence before me and on the jury's verdict you didn't look properly before pulling into that northbound lane and as a result of which there was a collision.

"You are not held legally responsible for the death and I'm not sentencing you for that."

Iqbal, of St. Benedicts Road, Small Heath, received four penalty points on his licence and was fined £250 as well as ordered to pay £600 in costs.

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IDFIMH

Sounds very similar to one last week, which obviously no-one thought worth posting on here.

But in this case the driver didn't do anything at all wrong, and it was a coroner's court rather than a criminal one...


Taxi driver 'stood no chance' of avoiding Stanley crash that killed teenage motorcyclist Tony Hedley, inquest hears

https://www.chroniclelive.co.uk/news/no ... e-30952789

Tony Hedley died after the motorbike he was riding collided with a taxi in South Moor, Stanley.

A taxi driver "stood no chance" of avoiding a teenage motorcyclist who died in a fatal collision in South Moor, Stanley, in County Durham, last October, an inquest heard.

Tony 'TJ' Hedley, 16, died on October 5, 2024, after suffering head and neck injuries in a collision with a white taxi driven by Kevin Malpass. He had been riding a motorbike and attempting to overtake as Mr Malpass moved to turn right from Park Road into Charles Street.

At a hearing at Crook Coroner's Court, Jeremy Chipperfield, senior coroner for County Durham and Darlington, concluded Mr Hedley died due to a road traffic collision.

The coroner heard evidence from police investigators and witnesses, who recalled seeing the blue Yamaha bike carrying Mr Hedley and a pillion passenger heading one way down Park Road before returning. As it travelled northbound "at speed" at around 8pm, the Yamaha collided with the taxi as it turned.

At the inquest, the coroner heard how Mr Malpass had driven "entirely reasonably" and could not have been expected to anticipate the bike's overtaking manoeuvre. The bike collided with the driver's side of the taxi and Mr Hedley was thrown from the vehicle.

He suffered a range of injuries to his head and neck and, despite efforts to resuscitate him, was pronounced dead at the Royal Victoria Infirmary in Newcastle about 90 minutes later. Toxicology reports confirmed he had no trace of alcohol or drugs in his system.

Mr Hedley's passenger was also taken to hospital with what police said at the time were "serious injuries".

Madeleine Davies-Luke, a forensic collision investigator at Durham Constabulary, gave evidence about her team's investigation. She said: "We took an emergency call made to police by witnesses to the incident. I believe local units attended first followed by [roads policing unit] officers and then we were contacted. The incident took place in Park Road, Stanley, at the junction with Charles Street."

Answering questions from senior coroner Jeremy Chipperfield, she said the force had not been able to precisely establish how fast the bike had been travelling at the time of the collision.

She said: "We were not able to do so definitively, but CCTV shows it going faster than other traffic at the time and it appears to be going faster than the 30mph speed limit - but we weren't able to get a definitive speed."

She added Mr Malpass had driven safely and conducted the checks he ought to have. She said: "At the time he conducted his mirror checks prior to turning at the junction it was clear that there were no vehicles for him to consider, especially given the speed limit of that road."

She added: "It is entirely reasonable that he may not have perceived the motorcycle as a hazard at that point."

Michael Boyd, who witnessed the collision as he was collecting a pizza, said in a statement read by the coroner: "I saw a bike coming really quickly. As it was going past my car I could see it had two lads on it.

"I returned to my car and drove to leave the car park. As I looked to my right I saw the same motorbike coming back towards me at speed. There were still two people on it. I could see a white taxi turning right into Charles Street

"The motorbike was following and went to overtake just as it was turning. It went straight into it. The taxi driver stood no chance [of avoiding the crash]. "

Kevin Malpass, driver of the taxi, added in his own statement: "It was about [8pm] and when turning right I had activated my right indicator and conducted all my checks and mirror checks. As I was turning right I heard the sound of a motorbike."

The senior coroner in his closing remarks said: "I am going to record a conclusion that TJ died in a road traffic collision.

"At around 8pm on October 5, TJ was riding a motorcycle northbound in Park Road, Stanley, when he attempted to overtake - and collided with - a car that had been travelling in the same direction which was turning right into Charles Street. He suffered multiple injuries and his death was caused by a road traffic collision."