A lorry driver has avoided jail once colliding with and killing a mum-of-four who was at bay in her automotive that had counteracted on the superhighway. John Bowers, 35, was driving a skip lorry on the M60 anticlockwise roadway when he did not spot a Kia Ceed was stationary with its hazard lights flashing on the hatch marked space separating lane one in every of the motorway from the route at junction 20.
Shirley-Ann Dumbuya, aged 38, was unable to maneuver her car and was primarily ‘trapped’ inside, and had been suggested by insurer inexperienced Flag that they could not leave to help unless she was on the onerous shoulder.
once some minutes, Bowers, of Preston, collided with the Kia. Emergency services arrived a brief time later and Mrs Dumbuya was cut from her vehicle, however despite the efforts of medical staff, she was sadly declared dead at the scene.
once eventually pleading guilty to inflicting death by careless driving, Bowers was nowadays (August 15) two-handed a suspended sentence at Manchester Crown Court.
Prosecuting, Mark Kellet, same that on January twenty one 2021, Mrs Dumbuya left home at around 8.35am in her Kia Ceed, which was same to be in ‘good operating order’. At 8.42am, her husband Peniel Dumbuya received a decision from his spouse during which she told him the automotive had stopped on the motorway.
He told her to place her emergency lights on and find out of the car if she could while he referred to as inexperienced Flag. They told him they may not attend to help ‘unless the vehicle was on the berm or off the motorway’.
mister Dumbuya tried to call his wife however couldn’t get an answer, so determined to drive her route within the hope of finding and serving to her.
“As he approached junction 20, he might see a silver automotive on a grass verge and emergency vehicles,” mister Kellet same. “His spouse had been in an exceedingly fatal incident.”
The attorney said nineteen cars movement in lane one had detected the Kia and passed it safely. One man was driving his company van once he overtook the skip wagon Bowers was driving.
once he visited retire into lane one, he saw the silver car positioned on the Chevrons between lane one and therefore the route with its brake lights well-lighted and hazard lights flashing.
“He stayed in lane 2 to pass the stranded vehicle. He watched in his rear read mirror because the skip wagon collided with the silver automotive,” mister Kellet continued.
Another driver who was aiming to leave the superhighway at junction nineteen was considering moving from lane two to lane one once she saw the collision. She now force over and located Mrs Dumbuya at bay within the car.
Mr Kellet added: “She saw the litigant who had stopped his wagon. He repeatedly same, “I didn’t see her” associate degreed was clearly in shock.”
Bowers was said to be movement at 55mph and had an unclogged read of the Kia for concerning one hundred fifty to a hundred seventy five metres.
A joint professional report enclosed the comment that his ‘error’ was that he failed to appreciate that the Kia Ceed was stationary. The attorney said the very fact that the automotive was stationary was ‘clearly evident’ to the opposite nineteen drivers who had manoeuvred around it.
He wasn’t using his phone at the time, nor was he below the influence of alcohol or drugs, associate degreed he was driving at fifteen miles under the speed limit.
At the time, Bowers had been operating for J Dickinsons and Sons for 9 weeks. He had been trained, driving with an seasoned driver before being allowed to require the vehicle out alone. His driving and use of the vehicle had last been assessed on Dec 15 2020.
On the day in question, he had been driving for around 2 hours before the collision, beginning work 6.45am. {in a|during a|in associate degree exceedingly|in a very} police interview, he told police his vehicle had been in good operating order and there had been no distractions or medical conditions which might have affected his driving.
In an emotional victim personal statement browse out by her daughter, Alice Dumbuya, she same her family’ lives are ‘shattered forever’. She said her mother was ‘very family orientated’ and ‘loved by numerous people’.
“You ne’er suppose it’ll happen till it happens to you. I lost my best friend,” she said.
“My mother will never see her children grow up, youngsters marry and have grandchildren. She was thus wanting forward thereto as she spoke concerning this. The milestones in our lives will ne’er be a similar while not my mum being there to understand it, this can sadden me forever.”
Bowers was same to possess previous convictions for driving with excess alcohol, driving without guardianship and a spotlight and failing to prevent. In 2016, he was seen by a policeman driving out of a petroleum station without carrying a seatbelt.
They motioned for him to stop however he failing to do thus and a probe ensued wherever he went through a red light-weight and reached speeds of 70mph on a 30mph road. He was in remission once he did not talk terms a roundabout and drove through the centre and collided with the vegetation. He was later found to be over the legal drink drive limit.
Mitigating, Richard Dawson said: “Plainly this is often a tragic case with ruinous consequences. Our sympathies and condolences are offered to the family and shut friends.
“They have all been seriously littered with the implications of this defendant’ actions. I accept he currently shows thusme remorse.”
mister Dawson additional that Bowers had worked as knowledgeable driver and otherwise had a decent driving record.
Sentencing, choose Anthony Cross QC said: “It’s obvious to Maine that while society has lost somebody who not solely was attending to create a valuable contribution, however someone who had already done so by simply being a good person.”
Bowers, of Sefton Road, was two-handed a six month jail sentence that was suspended for twelve months, he was prohibited from driving for 3 years and his licence was endorsed. choose Cross has conjointly needed a groundwork by the Assistant captain in bigger Manchester to appear into what ought to happen if the case arises again.
“Green Flag should take it upon themselves to ring 999 to assist the one that was clearly panicking, speculative whether or not to remain or get out of the vehicle, associate degreed worrying concerning the opposite cars on the motorway. This was an accident waiting to happen,” he said.
