Road safety campaigners are up in arms following the decision to give a driver ran into a pedestrian while 4 times over the legal limit, a suspended sentence.
Danielle McKewon had been drinking the night before the accident and had then consumed 2 pints of larger in the pub on the day of the accident on 16th May 2009.
Christopher Kelly who was walking his partner’s dog when McKewon struck him, was sent flying over a wall in the impact which killed the dog. A witness at the scene found the car lodged on the wall with McKewon at the wheel of the crashed car. He said “It appeared the defendant was still trying to drive the car even though the nearside was on the wall”.
The defendant fled the scene but was traced to her home where she was found to be drunk. At an earlier magistrates hearing she admitted drink-driving, careless driving and failing to stop after the accident. In court on 18th June, JP’s decided against a 26 week custodial sentence because they considered the single mum, who has since lost her job, and her two small sons, aged 5 and 10, had “suffered enough”. They deferred the sentence for 2 years during which time she will be supervised and will have to be tagged for the first 6 months. She has also to do 3000 hours community service and will wear a tag for 6 months.
McKewon has been banned from driving for five years, a period which may be cut to a three year ban if she attends and completes a drink-driver rehabillitation course.
Following the case a spokeswoman for the road safety charity, Brake, said “Considering someone has been seriously hurt, this case begs the question what do you actually have to do to get sent to prison? The courts need to get tough on drink-drivers and send out the message this type of behaviour is dangerous and completely unacceptable.”
“Research shows that driving is affected by alcohol even under the drink-drive limit, so to be four times over is not just irresponsible, it’s playing Russian roulette with people’s lives.”
Christopher Kelly suffered two broken legs in the accident as well as multiple rib fractures and required four blood transfusions. He will require further, extensive treatment including a replacement knee and has been left with severe scarring.
Mr Kelly, who was not discharged from hospital until the 12th June is in a wheelchair and is likely to remain so for some time. As a result of the accident he has been off work and is concerned that he may never be fit enough to return to his work as a driver. He has instructed a specialistpersonal injury lawyer to act for him in respect of compensation for his injuries and other losses.
If you, like Mr Kelly, have been injured in a road traffic accident that wasn’t your fault you may be able to make a claim for compensation. Macks Solicitors is an established multi-office law firm with experienced lawyers who will happy to give you expert advice without any obligation.
It is possible that the other person’s insurance company may approach you directly with an offer of early settlement which, although tempting should be viewed with caution. The insurers are interested only in reducing the costs to their company. Macks Solicitors however are committed to ensuring that the no fault victims of road traffic accidents receive appropriate care and rehabilitation to return them as near as possible to the position they were in prior to the accident. Macks will also ensure that you receive the maximum compensation you are entitled to and can arrange interim payments to relieve any financial hardship.
If you would like advice from an experienced personal injury lawyer please fill out our claim form.