Expectant father from Derby died due to BMW driver’s ‘terrible error’, trial told

An expectant father from Derby died when an inexperienced BMW driver "made a terrible, terrible error"[1] and pulled out of a junction at Breadsall, killing him instantly, a trial has heard. A jury was told how 24-year-old Ryan Birtles,[2] an up and coming tattooist, was on his way to work on his motorcycle when he was involved in a collision with the 118 Sport being driven by Louis Higton. Witness Laura King told Derby Crown Court[3] that she was driving a van and "heard a loud bang" before pulling her truck onto the road to stop the traffic after seeing the victim lying motionless on the road.

The 25-year-old defendant is on trial for causing the death of Mr Birtles through careless driving. He denies the charge, claiming that, as he pulled out of the junction, he saw Mr Birtles motorbike which was "travelling too fast" moments before the collision happened, Judge Martin Hurst told the jury. David Eager, opening the trial, said the emergency services were called to the junction of the A608 and Brookside Road, at Breadsall Hilltop, at around 10am on June 13, 2023.

He told the jury of six women and six men: "How did a motorbike and a car come to collide? A police investigation took place and discovered that Mr Birtles was riding away from Derby following two vehicles. "He was about eight-to-10 seconds behind them, around 500m, and was doing 52mph and catching up with them.

"Those two vehicles came to that junction where the defendant was waiting to pull out and moved to turn left. "Mr Birtles went on their offside, the driver's side, to overtake them and, it seems to some extent must have accelerated and the defendant, who had only been driving for a few months with his dad in the seat next to him, made a fatal decision and pulled out knowing there was a motorbike coming towards him. "If he had waited 10 seconds for the motorbike to pass none of us would be here.

Ryan Birtles would be here, Ryan Birtles would be with his family and young daughter. "But he (Higton) made that fatal decision. 'I can nip out before that bike gets to me'. But he could not, it was not safe to do so."

Mr Eager said: "I am going to be fair to this young man, because he is a young man. "He did not set out that day to kill anyone, that is not the Crown's case. He is not evil, he is not a bad person, he made a terrible, terrible error.

"You may have sympathy with this young man and that's not wrong. But the crown says his decision to pull out was careless and resulted in the death of Ryan Birtles." Following his death, Mr Birtles was described by his sister, Tasha, as "the middle child, but definitely the most loud and hard loving".

She said: "He was incredibly intelligent, artistic and had a love of vintage cars and motorbikes."

The trial of Higton, of Pittywood Road, Wirksworth and which is expected to last until the end of the week, continues.

References

1. ^ "made a terrible, terrible error" (www.derbytelegraph.co.uk)
2. ^ 24-year-old Ryan Birtles, (www.derbytelegraph.co.uk)
3. ^ Derby Crown Court (www.derbytelegraph.co.uk)