Jury hears all evidence in lorry driver’s trial over fatal Oxford Parkway crash
A tribute bike at Oxford Parkway Station. Picture: Ed Nix
A lorry driver who crushed a cyclist when he strayed into a bus and cycle lane told a court that large vehicles are “always a risk” to other motorists. James Lindsay drove over 44-year-old El Len Tham, also known as Ellen Moilanen, during the morning rush-hour of February 8 last year as he entered a shared cycle, bus, and taxi lane outside Oxford[1] Parkway railway station. The 46-year-old trucker is accused of causing the death of Ms Tham by careless driving.
He denies the allegation.
In the fourth day of a trial at Oxford Crown Court[3], defence barrister Ian Bridge showed the jury footage leading up to the crash captured by the lorry’s front and side dashcams. Re-examining the defendant, he said: “It was put to you that you didn’t look. Do you ever move your vehicle without looking?”
Lindsay replied: “No never.” Asked why, he said, “because it’s dangerous.” Lindsay admitted that there were always blind spots when driving a vehicle of that size, which was roughly 10m in length.
“It’s hard no matter where you are,” he said. “Whether it’s rural or a motorway or a city centre.” “Does that vehicle create a risk when being driven?” asked Mr Bridge. “Yes, I suppose it does,” Lindsay replied. “Always.
Whenever it moves. Just being a large vehicle on the road. Being with smaller road users.”
“Anyone could approach your blind spot, and if you don’t see it, you don’t see it.”
Lindsay, of Rackheath near Norwich in Norfolk, maintains he had no choice but to enter the bus lane before its end in order to reach his destination at Kidlington Park and Ride. The crash left Ms Tham with multiple injuries particularly around the pelvis area which suggested that a wheel of the lorry had driven over her at that point. Addressing the jury, which is set to return its verdict to Judge Nigel Daly tomorrow (Friday, November 17), prosecutor Daren Samat said: “Focus only on the driving.
Story continues “I know it’s difficult. I know there are emotions involved.
“As regrettable as it is for a man whose record shows he is a careful and capable driver, on this occasion he wasn’t.” He added: “At that point, his driving created a risk to other road users. “A real risk.
“He did so by pulling over into a lane he had no privilege to be in. “He knew or ought to have known that his vehicle had multiple blind spots. “Having created the risk to Ms Tham, it was his driving that ultimately left him unsighted, if indeed he was unsighted.”
The trial continues.
References
- ^ Oxford (www.oxfordmail.co.uk)
- ^ Oxfordshire drink driver swerves into path of oncoming car (www.oxfordmail.co.uk)
- ^ a trial at Oxford Crown Court (www.oxfordmail.co.uk)
- ^ Oxford residents’ survey shows South East most pessimistic (www.oxfordmail.co.uk)