Matthew Kerruish-Jones successfully defends bus driver prosecuted for colliding with pedestrian in South London

Regina v Mahoney

Matthew Kerruish-Jones successfully defends bus driver prosecuted for colliding with pedestrian in South London.

Mr Mahoney, an experienced bus driver, was prosecuted for driving without due care and attention after coming into collision with a pedestrian on a zebra crossing. The pedestrian had walked out in front of the bus whilst Mr Mahoney was driving fare paying passengers in South London late last year. The circumstances were that the pedestrian was available to be seen for less than 4 seconds prior to stepping into collision with the bus. The prosecution case was that the defendant ought to have seen the pedestrian as soon as she became visible. It was a matter of expert evidence that the defendant would have had to react and brake immediately in order to have brought the bus to a safe stop without risking injury to passengers. District Judge Sweet presided over the trial and acquitted Mr Mahoney stating the timings were tight but that once perception and reaction time was factored in he did not consider the defendant was at fault.

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Author: Matthew Kerruish-Jones Farrars (chambers@farrarsbuilding.co.uk)

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