Driver was distracted by text messages

Mar 18 2009 The Journal

A MOTORIST who caused a fatal crash had been distracted by a text message conversation with a friend in the minutes leading up to the tragedy, it was alleged yesterday.

Katherine Simmance was crossing a dual carriageway when she drove into the path of Iain Cole’s motorcycle giving him “no chance” to avoid a collision, Newcastle Crown Court heard.

She had been late for work and over a 20 minute period before the crash she had used her mobile eight times – receiving, reading and replying to text messages as well as making a 24-second call, the court was told.

Prosecutor Tim Parkin said Simmance, 25, had left her former home in Elsdon, Northumberland, in her Vauxhall Corsa on the morning of the crash to go to work on the Nelson Industrial Estate in Cramlington.

He said she was familiar with the route, the weather was clear and dry and both the road conditions and her line of vision across the junction to the A1058 dual carriageway were good.

He said one witness “knew instinctively” there was going to be collision after seeing the Corsa approach the junction and start to cross “completely ignoring” the presence of the motorcycle.

“Sadly she was right,” he said. “Even though the expert examiner found evidence of braking, it was impossible for the motorcyclist to stop in time and he collided with the off-side of Katherine Simmance’s car.

“Mr Cole received severe head injuries from which he died either instantly or very shortly afterwards. Attempts were made to resuscitate him, but when paramedics arrived he was certified dead at the scene. Iain Cole, it is accepted by everyone, was entirely blameless. His vehicle was in good condition and properly maintained. According to witnesses, he was driving well below the speed limit for that stretch of road.

“The defendant by contrast is entirely to blame. She told police when she herself was in hospital – taken it seems for understandable shock after the collision – that she saw the motorcycle as she was crossing.

“Mr Cole was clearly visible to other drivers and she executed the manoeuvre of crossing the carriageway having apparently completely failed to see him and therefore when it was clearly dangerous to do so.

“The prosecution submit there are two matters of significance to consider against the background of the quality of her driving that morning.

“The first is she was late for work. The second matter, which the prosecution submit is of considerable significance is that throughout her journey she had been using her mobile phone either for a call or for text messages.”