A woman who drove into a council bin lorry, writing off her car, has been found guilty of careless driving. Debra Thomas, 46, of Stanley Park Avenue, Rhyl, crashed into the rear of a Denbighshire County Council refuse wagon on Rhuddlan Road in Rhyl, Llandudno Magistrates Court heard.
Gear stick distraction claim
Thomas claimed that as she changed gear from fourth to second on a 20mph road, the gearstick had become stuck, which was distracting enough to lead to a "momentary lapse" in attention for "a couple of seconds". However, the prosecution argued that Thomas fabricated the gearstick story as an excuse for the crash.
Natalee Hughes-Jones, prosecuting, insisted the defendant's driving fell "far below" the standard expected of a competent and careful driver. But David Jones, defending, argued that while it was careless driving, and therefore "below" the standard expected, it was not "far below" it and not dangerous driving.
Court verdict and penalty
Magistrates agreed and fined her £672. Her licence was endorsed with seven penalty points, North Wales Live reports.
Returning from a job interview in St Asaph on March 31, Thomas told the court she was driving her 'old' grey Volkswagen Fox car back home when she was moving her mobile phone from a compartment above her car radio with her left hand to a door pocket on her right. She held her steering wheel and phone in her right hand during that motion. But as she did so, her gear stick became "stuck" in fourth gear and she said she "panicked". During this momentary lapse, she collided with the rear of a white Iveco refuse lorry owned by Denbighshire County Council.
Evidence and witness accounts
Footage from a camera on the back of the lorry, played in court, showed the front of her car was left badly damaged. A rear light of the lorry was broken. Police interviewed Thomas days later. She told an officer: "My gear stick stuck. I was in a state of panic. I had never had anything like that happen to me in the whole 18 years (of driving). They don't tell you in your driving lessons what to do if your gear stick gets stuck, because it has never happened to me before. I just panicked."
The refuse crew alerted their boss, who arrived. In Thomas' interview, she recalled: "I said [to him] 'Do I have to get the police involved?' He said 'You don't need to do it now because you're in a state of shock'." They exchanged details, said Thomas.
Prosecution and defence arguments
In cross examination, prosecutor Ms Hughes-Jones asked: "Was your full attention on the road just before the incident?" Thomas replied: "No I will admit to that." Her own solicitor Mr Jones asked: "Do you accept that you weren't looking at the road?" She replied: "I do accept (it) for a couple of seconds."
Summing up, the prosecutor said: "The combination of handling a mobile phone, failing to observe a hazard, failing to take evasive action and driving directly into the rear of a lorry demonstrate a standard of driving falling far below the standard expected of a competent and careful driver." There was an "obvious risk" of causing a serious injury to others, said the prosecutor. But bench chairman Grainne McDonagh found the defendant not guilty of dangerous driving, and instead guilty of the lesser offence of careless driving.
After the verdict Mr Jones, defending, told the court: "It has been a salutary lesson for her. Her vehicle was written off. Her insurance company dealt with the other vehicle. There will be a significant increase in insurance (premiums) going forward as it's bound to. She is going to be paying a lot more in future due to that momentary lapse."
