Motorist blamed for death of Lechlade man (From Wilts and Gloucestershire Standard)

Motorist blamed for death of Lechlade man

A CORONER has laid the blame for a Lechlade motorcyclist's death at the door of the lorry driver who did not see him coming.

Motorbike fanatic Shaun Gearing, 38, of Butler's Field, Lechlade, was killed in collision with the fuel tank of a lorry in April last year.

Oliver Preston, 24, of Gloucester Road, Corse, escaped a driving ban in January this year after he admitted careless driving on the Spine Road near South Cerney.

After this week's inquest Gloucestershire coroner Alan Crickmore recorded a verdict of accidental death, but left no doubt that Mr Preston's careless driving was to blame.

He said: "Whether he stopped or slowed down before crossing the junction matters very little.

"Whatever he did he failed to observe the presence of a motorcycle on a major road. In failing to observe him, he was clearly responsible for the collision which occurred and in which Mr Gearing lost his life."

Appearing at Cirencester Magistrates Court in January this year Preston said that, although a tachograph reading showed he had either slowed down or stopped at the junction of Station road before driving into Cerney Wick Lane, he had not paid enough attention and failed to notice Shaun.

He was sentenced to pay a £250 fine, ordered to pay £43 court costs and had his licence endorsed with nine penalty points.

At the time the penalty was condemned by Shaun's Martin Gearing, who said: "The fine is just a joke - £300 is that a fair price for a man's life? Surely you should lose your licence, he should have gone down for it - that's what I wanted.

"If you take someone's life you should at least be in prison for a few months."

Under rule 22 of the Coroner's rules Preston was advised that he did not have to give evidence if he feared that his testimony might be used against him in civil proceedings. Preston said he would not give evidence.

But police officer Trevor Moffatt told the court that when he had found Preston at the scene he said: "It's my first week - I was looking for the site. I looked both ways but I didn't see him.

"I crossed and heard a bang so I stopped."

In interview he told police he had passed his HGV test six months before the death.

Pathologist Dr Neil Shepherd told the court that Mr Gearing died of multiple injuries, including a skull fracture.

Collision investigation officer David Holland confirmed that Mr Preston either slowed or stopped at the junction before accelerating to a speed of 12 miles and hour. Mr Gearing struck the side of the lorry at between 20 and 30 miles and hour.

Neither vehicle was defective.

At the hearing in January Mr Gearing's brother said he had been expecting Preston to get a driving ban at the very least.

When asked outside the court whether he was prepared to forgive the man who caused his brother's death Martin Gearing said: "Not at all, how can you forgive someone for killing a member of your family? If he was such a good driver why was he sat here today? I have to go and let my parents know, they will take this very badly.

"We will have to move on. We wanted to get it all sorted out and finished. He should have lost his licence and had a higher fine."