Driver blames collision with school girl on afternoon glare
MAGISTRATE Damian Carroll reminded the Chinchilla courtroom just how easily Tuesday, June 4 could have ended in tragedy after awarding Chinchilla man Mr Bradley Graham Smith a fine with no conviction for driving without due care and attention.
Mr Smith, in his late 20s, plead guilty to the charge which resulted with him hitting and injuring six-year-old Wynter-Rose Elizabeth Farrah at a busy pedestrian crossing on Middle St one month ago today.
Following the collision Wynter-Rose was transported to the Lady Cilento Hospital with head injuries but has since made a full recovery.
Dalby Police prosecutor Sergeant Jodie Tahana said police spoke to a witness from the scene who stated they were travelling behind the defendant on Middle St at 4.10pm on Tuesday, June 4.
"This witness saw the two children walk onto the pedestrian crossing and continue to walk across. The vehicle in front, being the defendants vehicle, did not slow, brake or swerve before hitting one of the girls on the pedestrian crossing," Sgt Tahana said.
"The witness did state at the time the sun was in her eyes and this was possibly a contributing factor and stationary witnesses gave a similar version of events," she said.
"Police spoke briefly to the defendant on the roadside before he provided a negative breath test. He stated just prior to the crash he had been at the Chinchilla Medical Centre, 50 metres east of the involved intersection, he then travelled west possibly doing 40 kilometres an hour, the sun was in his eyes and he did not see the pedestrian crossing while the children were on it."
Sgt. Tahana stated there was nothing else distracting Mr Smith while he was driving, his car was in a sound mechanical condition and he has been driving in the chinchilla region for the past five years.
"Mr Smith did tell police due to the sun being in his eyes he did reach up to pull down the visor just before the impact occurred. He was driving to conditions, if he had was driving slower he possibly could have seen the children on the crossing in time," she said.
"There was no malicious intent or any other contributing circumstances, however he should have taken more care. There's no other remarkable traffic issues or previous history on his record."
Mr Smith, who appeared somewhat sombre in the courtroom, said his story hadn't changed since the accident occurred.
"An early plea, I will take that into account," Magistrate Carroll said.
"I accept the sun was in your eyes and it was a difficult time to be driving.
"I'm not going to record a conviction, you're fined $600... I accept this is just one of those things that happens. I'm not going to deplore you or take your license off you," he said.