Blackburn man’s crash caused biker’s leg to be amputated

Steven Howarth, 68, was riding his Harley Davidson on the motorway close to junction 5 on September 8 last year, returning home to Haslingden after having a meal with friends in Southport. He was travelling on the inside lane when the side of his bike was hit by a Ford Kuga being driven by Jamie Duxbury. Preston Crown Court heard that Duxbury, 33, of Ivy Close, Blackburn, had had an argument with his partner prior to beginning his drive and that he had 75 micrograms of alcohol per 100ml of breath in his system - more than twice the legal limit of 35mcg.

David Lees, prosecuting, said the incident happened at around 8.40pm on the night in question and Mr Howarth had described the conditions as drizzly with light traffic. He recalled approaching junction 5 and seeing a lorry gaining on him, but after that his last recollection was waking up in hospital three days later having had his leg amputated above the knee. Mr Lees read to the court the account of the lorry driver, Paul Gee, whose dashcam footage was also played in court.

It showed Mr Gee driving on the M65 at around 50mph and the vehicle driven by Duxbury overtaking at speed, though not thought to be in excess of 70mph, in the outside lane. Duxbury then inexplicably performed a dangerous manoeuvre, cutting across all three lanes and colliding with the side of Mr Howarth's bike. Mr Gee brought his lorry to a stop a short distance in front of Mr Howarth, who was lying in the middle of the carriageway while his bike had come to rest in the central reservation.

Duxbury's car ended further up the motorway, partly on the verge and partly on the hard shoulder. He immediately exited the vehicle and ran towards Mr Howarth to help and called 999. Mr Gee noticed there was a large tear in Mr Howarth's leg and there was a large amount of blood pooling underneath him.

He was taken to Salford Royal Infirmary and then to Manchester Royal Infirmary where he was treated for a complex leg fracture, broken ribs, a fractured arm and bleeding on his scalp. It was not possible to stem the bleeding on his leg and the decision was made to amputate it at 5pm the following day in order to save his life. He was discharged from hospital on October 23, more than a month after the incident.

In a victim impact statement read to the court by Mr Lees, it was said Mr Howarth now has a prosthetic leg but has effectively had to learn how to walk again. His injuries affected his work as a shoe designer and his hobbies of riding his motorcycle and playing golf. He initially had no plans to retire but feels this may now be inevitable.

It was determined there were no pre-existing defects with either of the vehicles, there was nothing Mr Howarth could have done to avoid the crash, and there was no reason found for Duxbury swerving in the way he did. Amanda Johnson, mitigating for Duxbury, said: "This is obviously a tragic accident for all involved and perhaps no one can dispute this was wholly out of character for this man, who is otherwise someone of impeccable character, a good family man. "Nobody could be more remorseful than this defendant.

He is extremely distressed knowing he faces the prospect of immediate custody." Duxbury pleaded guilty to one count of causing serious injury by dangerous driving at a plea and trial preparation hearing. Ms Johnson said the author of Duxbury's pre-sentence report accepted his remorse as genuine and there had been no attempt to minimise what he did.

Judge Andrew Jeffries, sentencing, said: "When you were two times over the legal limit for driving, probably still angry with your partner for the silly row you had which led you to drive rather than take a taxi, you came past the lorry and you then carried out a manoeuvre that takes you from the overtaking lane, right across two lanes, and collided with your victim travelling at about 50mph. "You've offered no reason for that swerve or change of direction and none was evident to the expert who considered the scene. "There is no dispute your victim suffered life-changing injuries of a personal nature, which will affect him for the rest of his life."

Duxbury was jailed for 27 months and disqualified from driving for two years.

He must complete an extended re-test before being able to drive again.