A lorry driver, Steven Welsh, has been jailed for nearly three years after being involved in a fatal road collision with British Cyclist member Gary Livingstone. Gary was hit by a lorry driven by Welsh who was found to have been sending and receiving text messages on his mobile phone in the minutes before the accident.
Gary’s family have been devastated by his death. Gary’s brother said his death was unforgiveable and unjustifiable.”
Derbyshire Police’s investigating officer Forbes Marshall said that “the cycle lane on that part of the A50 was a mess and covered in moss so Gary chose to use the main carriageway. The family are talking with their MP to try to get cycling prohibited on the A50.”
Judge John Wait, said in passing his sentence, that he supported Mr Livingstone’s family in calling for the ‘logistics industry and trade journals’ to be made aware of the facts of this case to help prevent such future occurrences.
Penny Knight, head of the cycling and sports injury team at Leigh Day, said:
“Sadly such tragic incidents are too frequent. The fact that the adjacent cycle path was in a poor condition and not suitable for Gary to use as an alternative route to and from work does not show the Council in a good light, particularly now when we are being encouraged to cycle to work through government supported schemes etc. However, the reality is that Gary's death was avoidable, as most are. Hopefully Mr Welsh's prison sentence will give a clear message to the public that it is simply not acceptable to use a mobile phone at the same time as driving.”
For more information please contact
Penny Knight, head of the cycling and sports injuries team at Leigh Day & Co on 020 7650 1200.
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