Ben Rowe, instructed by Paul Loughlin of Stephensons Solicitors LLP, represented a bus driver accused of causing serious injury by dangerous driving. The driver was travelling in his own car in a residential area when he hit a pedestrian who was crossing the road. The pedestrian suffered fractures to his leg and back. The Crown’s expert report suggested that the defendant was driving at a speed of up to 60mph, and found that the ABS system on the car’s brakes had malfunctioned. The braking failure caused the car to skid and it collided with another car.
Before the trial, Ben worked very closely with Paul and the team at Stephensons, and their instructed traffic collision expert, Mr Doug Boulton. This work resulted in an agreed position with the Crown that the car could have been going significantly slower at perhaps 46mph.
In trial, Ben argued that the driver was neither driving dangerously, nor without due care and attention, and that the excess speed was just a momentary lapse. The car had gone through a 30mph speed camera shortly before the collision and had not been identified as speeding. Moreover, the pedestrian was wearing all black clothing, late at night, and was standing in the middle of the driver’s lane – Ben therefore argued that the driver was not the cause of the injuries (notwithstanding his speed) as the pedestrian was crossing the road unsafely.
The jury accepted Ben’s arguments and found the driver not guilty of all charges, not even the lesser charge of careless driving.
Ben has significant experience of working with experts, and so his close cooperation with Stephensons and the defence expert since before the PTPH ensured this very positive result.