Nicholas Berry secures jury trial acquittal for defendant accused of killing trainee paramedic in alleged act of careless driving

On the 3rd October 2022, the defendant’s car was involved in a fatal collision with a trainee paramedic riding a Kawasaki motorcycle. The collision, which was fully captured on distressing CCTV, occurred on the B4206 at the junction of
Henwick Road and Oldbury Road in the St. John’s area of Worcester.

On the afternoon of that day, the defendant performed a right hand turn at the junction and was involved in a head on collision with an oncoming motorcycle being ridden by the deceased who had shortly before left a paramedic degree course at the Worcester University.

Expert road traffic investigators called by the prosecution and the defence revealed that the deceased, at the point of collision, had been travelling at 62 mph (29 meters per second). The legal speed limit for the road was 30 mph.

The prosecution contended nonetheless that the defendant was at fault for the collision in failing to anticipate the oncoming motorcycle and consequently, that the defendant’s driving fell below the standard of a competent and careful driver.

Nicholas, instructed for the defence, and following a four day trial, successfully persuaded the jury otherwise that there was little to no sufficient opportunity to observe the oncoming motorcycle and consequently, the defendant’s manoeuvre was reasonable in all the circumstances.

The jury unanimously acquitted the defendant in under half an hour from retiring to consider their verdict.

Nicholas was instructed by Kieran & Co Solicitors, Worcester.

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Witness Familiarisation Support And Courses

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  • Witness familiarisation with trainee police officers and special constables from Northamptonshire Police, where the officers were questioned regarding their statements about ‘mock’ arrest exercises
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