David Cox died in 'accident without blame' when Dean Thomas' car hit the pensioner on bicycle in Old Thanet Way, Herne Bay, jury told
Published: 16:11, 26 February 2019
Updated: 16:31, 26 February 2019
The car crash which led to the death of a grandfather was "an accident without blame", a jury was told today.
Dean Thomas, 44, was at the wheel of a blue Hyundai i30 when it collided with 71-year-old David Cox’s bicycle on a roundabout in Old Thanet Way, Herne Bay.
Defence barrister, John Barker told a jury at Canterbury Crown Court that for the “crucial three seconds” the cyclist was in Thomas’ blind spot.
He added that it was tragic that Mr Cox died but asked the jury not to ruin the car driver’s life as well.
“When there is a tragedy of these proportions there is a tendency, a need, to attribute blame. But there are such things as accidents without blame.”
Thomas, of Central Parade in Herne Bay, did not give evidence at the trial but has denied causing death by careless driving.
In a police interview, he had claimed the sunlight hindered his visibility.
The jury is expected to retire today to consider its verdict.
Dashcam footage was showed to the jury which revealed Thomas’ vehicle entering the roundabout before hitting the grandfather-of-six.
Mr Cox was taken to London’s King’s College Hospital but died 12 days later.
Forensic investigator PC Robin Youngs had told the court that Mr Cox’s dark clothes could have made him “more detectable” against the sunlight on the morning of January 28.
PC Youngs, who attended the crash scene, told the hearing: “I wouldn’t say it was extremely bright.
“It was bright sun light but I arrived sometime after the collision.”
Giving evidence, PC Youngs told Canterbury Crown Court on Wednesday another police officer attended the scene under similar weather conditions.
“The sunlight was bright, it was uncomfortable to the eye but he didn’t lose any sight.
“Given the ambient lighting conditions it could have had an effect where the sun made (Mr Cox) more detectable,” he told judge Catherine Brown.
Under cross-examination, he said there were no defects with the motorised silver bicycle or Thomas’s Hyundai.
PC Young told prosecuting barrister Catherine Donnelly: “The car’s A-Frame could cause a blind spot."
More by this author
Paul Hooper