Case Study

Man charged with causing death by careless driving after hitting 94-year-old cyclist

Incident date: 
Tue, 6 Nov 2012

John Wilson Winter died after his electronically-assisted pedal cycle was involved in a collision with a Seat Ibiza in Crowle in November 2012.

Adam Edward Hodgson, 29, of Maple Avenue, Crowle, has now been charged with causing death by careless driving.

He is now due to be appear before magistrates on Wednesday, May 1.

Mr Winter died after a collision at the junction of High Street and Godnow Road at about 3pm on Tuesday, November 6.

He died from his injuries two days later in Scunthorpe General Hospital.

  • UPDATE (10/02/14)

Hodgson pleading guilty to causing death by careless driving.

Richard Dawson, mitigating, asked Monday’s trial to be adjourned for preparation of a pre-sentence report.

“I anticipate that in terms of sentence you will require input from the probation service,” he said.

Richard Woolfall, prosecuting, accepted the 29-year-old had done all he could after the November incident, behaving impeccably.

He said: “Experts’ view was that the 94-year-old man had been wavering and riding out to the middle of the road and back again at the time of the accident.”

Judge Kate Buckingham said: “There are two statements that relate to Mr Winter being unstable before the collision.”

She added the court was considering a community-based order with requirements.

She imposed an interim driving disqualification on Hodgson, directing he should return to Hull Crown Court on February 21 for sentence following preparation of the report.

  • UPDATE (07/03/14)

During sentencing at Hull Crown Court the court heard that Hodgson pulled out from the junction, where he was supposed to give way to traffic, and knocked in to Mr Winter, unbalancing him.

It was not clear whether Hodgson slowed down at the junction instead of completely stopping, said Mr Woolfall.

He looked in the direction of the approaching cyclist, but apparently did not see him and pulled out and hit him.

Mr Winter swayed left and right and scraped along the side of Hodgson’s car.

He put a hand out to try to break his fall but hit his head on the road.

He suffered a cut above an eye and there was blood pouring from a wound.

A passing nurse tried to help and applied pressure to the wound. Hodgson offered to help and an ambulance later arrived.

Mr Winter’s wife later went to the hospital. He had suffered a fall the previous night and the family declined to have surgery because they believed there was a “poor prospect of success and prospects of his survival were very poor”, said Mr Woolfall.

Mr Winter lapsed into a coma and died at 10.05am the next day.

The cause of death was given as the collision leading to an acute bleed in to an existing bleed.

The court heard in mitigation that Hodgson had expressed sorrow and regret about the accident.

He was very sorry and had not yet been able to forgive himself for his part in it “on that fatal day”.

Judge Kate Buckingham said Hodgson had shown “momentary inattention” and behaved in a “wholly responsible and appropriate manner” after the accident, providing “positive assistance” and being “genuinely remorseful for this tragic collision.

The judge added: “You have shown more concern for the victim and the victim’s family than you have for yourself.”

Hodgson, who had no previous convictions, was given 120 hours’ unpaid work, was banned from driving for a year and was ordered to pay £250 costs and a Government-imposed £60 surcharge.

CTC's view: 

This is an extremely short driving ban for taking someone’s life by driving.

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