An 89-year-old driver whose error led to the collision that killed a much-loved young father from Frodsham has received a community order and curfew.
Second World War veteran Richard Lyon, of Balmoral Road in Widnes, was sentenced on Friday at Warrington Crown Court following the death of Frodsham cyclist Michael Davies, who died at the scene of the crash on Birchfield Road on Thursday, June 12, last year.
Rob Jones, prosecuting, said the collision occurred at 4.10pm when Mr Davies was cycling home from work on the day after his 33rd birthday.
He was travelling south on Birchfield Road, Widnes, when Mr Lyon pulled out of Balmoral Road to perform a right turn into the same lane and direction of travel as the bike.
Although he looked left and right and saw the bicycle, the court heard he misjudged the manoeuvre - and in particular the speed at which another car heading the other way was travelling – prompting it to swerve into the path of Mr Davies and the fatal collision.
The court heard that the crash investigation found that the other vehicle – a Ford Mondeo driven by motorist Teresa Nickson – would have been travelling at an estimated 41-44mph.
The prosecution counsel said there had been ‘some question’ over whether her speed had increased between the collision with Mr Davies and one that occurred immediately after as her Ford Mondeo collided with a van.
Mr Jones said the limit on Birchfield Road is 30mph and that an expert acting on behalf of the defence team had suggested the car could have been travelling at up to 46mph.
However, he said: “It doesn’t matter because the fault lies with Mr Lyon emerging from the junction.”
The court heard visibility was good, the road surface was in good condition and the weather was dry.
In addition the view from the junction was clear for 131 metres, the court heard.
Lyon later pleaded guilty to causing death by careless or inconsiderate driving.
Struggling to cope
Today, Mr Davies’s widow Vicki spoke from the witness box through tears to tell the court about the struggle she has faced since the death of her ‘best friend’, ‘soul mate’, and father of their infant daughter.
She said that on the day he died he had been riding his favourite bike, which he had dubbed ‘Black Beauty’ and which he usually kept for weekends and special occasions.
He had taken it out on June 12 because of the good weather.
Mr Jones read statements on behalf of Mr Davies’s father, retired police officer Brian Davies, and his mother Wendy Davies, a retired local government education administrator, about their ‘terrible grief’.
The deceased’s sister also paid tribute to her brother at the hearing and spoke of the family’s loss.
Former Helsby High School pupil Mr Davies was working as a biomedical engineer at Whiston Hospital at the time of his death. He had also worked at Alder Hey and Countess of Chester hospitals.
Citing mitigating factors such as the speed of the Mondeo and Lyon’s remorse, lack of intent to cause harm and previously clean record, prosecutor Mr Jones and defence counsel Andrew Nuttall agreed the offence was in the lowest classification of culpability, Category 3, for which the potential sentencing range allowed for a community order or less.
Surrendered licence
Mr Nuttall said Lyon had handed in his licence at the first opportunity after the collision and said he would never drive again.
In addition he said he had lived a ‘blameless life’ with no previous convictions and had served during the Second World War where he lost friends and had also suffered the death of a family member to a road traffic collision in the last two years.
Judge Nicholas Woodward, presiding, imposed a community order and 8pm-8am curfew on Lyon and disqualified him from driving for 18 months.
Lyon must also pay the criminal justice surcharge.
Mr Woodward said: “Richard Lyon, on the afternoon of June 12 you stopped at Balmoral Road and according to your basis of plea, which has been accepted by the crown, you look to your left and to your right, you intended to turn right.
“You did see Mr Davies, who was to your left, and you saw the car driven by Mrs Nickson to your right but you took the view that you had sufficient time to pull out to make your right turn.
“You misjudged the speed of Mrs Nickson’s motor car and the collision occurred and that led to the awful death of Mr Davies.”
