Taxi Driver Online

Seatbelt ‘might have saved’ Perth cabbie killed by suicidal motorist
Police constable tells fatal accident inquiry of scene that greeted him after accident

Published: 31/08/2010

An inquiry into the death of a taxi driver who was killed by a suicidal motorist in Dundee heard yesterday that he might have survived had he been wearing a seatbelt.

Gavin McCabe, 41, of Princes Street, Perth, died from his injuries six days after Halim Cholmeley, 36, crashed into the side of his black Skoda Superb taxi on the Myrekirk Road roundabout on Kingsway West on March 15, 2008.

Cholmeley, of Easter Lednathie Cottage, Glenprosen, Angus, was banned from driving for 10 years and jailed for six years in March over the death.

The former management consultant, who appeared from custody at the fatal accident inquiry yesterday, told police and paramedics at the scene that he was trying to take his own life.

He pleaded guilty last year to causing Mr McCabe’s death by driving dangerously under the influence of alcohol, speeding and failing to give way to approaching vehicles.

Members of Mr McCabe’s family were also present yesterday as the hearing began at Dundee Sheriff Court.

The inquiry heard from Constable Gordon Britton, who was the first officer on the scene of the crash.

Constable Britton, 48, was also the crash scene investigator and confirmed that Mr McCabe had been flung from the driver’s window Cholmeley’s grey BMW 1 Series ploughed into him.

He added: “When I arrived on the scene Mr McCabe was unconscious, on the road with a serious head injury.

“Having surveyed the scene, we found that Mr Cholmeley had been driving at a speed of about 77mph before he started to brake, meaning that he hit the taxi at an angle at around 67mph.

“As Mr McCabe was unrestrained he was flung from the vehicle, which was rotating due to the collision until it hit a lamppost.

“If he was wearing a seatbelt he would not have been ejected from the vehicle. There was no evidence of him sustaining injury in the vehicle itself, but only after he had been ejected from it.”

Constable Britton concluded: “If he had not been ejected from the vehicle, in all likelihood he would have survived. But it is important to note that I found no wrongdoing on Mr McCabe’s part. Mr Cholmeley was entirely responsible.”

A passenger in Mr McCabe’s taxi, Azeez Butali, was wearing a seatbelt and broke a collarbone in the crash.

Under road traffic legislation, taxi drivers are exempt from wearing seatbelts.

Constable Britton told the inquiry he believed this was a security measure to enable taxi drivers to move quickly should passengers try to attack them.

Sheriff George Way felt it would be advisable to call an expert witness to confirm the reasons behind the seatbelt exemptions for taxi drivers.

He added: “The security issue may be the case for this, but there may be other reasons for this and I think it would be good to know why.”

The inquiry will continue today when a road traffic legislation expert is to be called.

Source; http://www.pressandjournal.co.uk/Articl ... 0?UserKey=

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The sad thing is the taxi driver would not have been there if a road into Dundee had not been closed for road works.
The police officer who interviewed me said they do not think he was trying to commit suicide because he was wearing his seat belt .
This sad story has made me put my belt on when i go out of town.