reading a text message behind the
wheel, a lorry driver killed a firefighter after he ploughed into the back of
his van on a motorway, a court heard.
 |
| Darren Bryan (pictured) was killed instantly when Paul Bury, 44, crashed into the back of his van on the M1 |
The statement from Mr Bryan's girlfriend Toni Hall was read out yesterday at Nottingham Crown Court.
The
court heard Mr Bryan had left home after finishing a night shift at
Retford Fire Station and planned a visit to a friend of his partner to
help her build some wardrobes.
After setting off, he called Miss Hall's mobile and she said they talked about 'anything and everything'.
He told her he was having problems with his van and added 'I have my foot to the floor and it is only doing 40mph.'
Scania lorry driver Bury went on trail on Monday accused of causing death by dangerous driving.
Stephen Kemp, prosecuting, said Bury could not have missed the van if had been looking where he was going.
He told the jury they could 'properly infer' he had read a text message he received just three minutes before the collision.
Mr
Bryan, of Forest Town, Nottinghamshire had been in front of the lorry
on the inside lane and was travelling between 30-40mph at the time of
the collision.
Mr Kemp said the weather was good and visibility on the motorway was not impaired as the drivers headed southbound
A
witness to the crash said the lorry driver made no attempt to deviate
from its path and 'it was as if the van simply wasn't there'.
Mr Bryan's vehicle, which was carrying wood on the roof, was struck by the lorry travelling at 56mph.
The
impact caused the firemen for Nottinghamshire Fire and Rescue Service
to lose control of the vehicle which overturned on the driver's side and
hit a crash barrier.
Mr Kemp said: 'The injuries caused to Mr Bryan caused him to die instantly at the scene.
'The
lorry was driven by Paul Bury, and the prosecution say his [Mr Bryan's]
death was caused by the manner in which the defendant drove in this
case.
'The
prosecution say his driving was so bad on that day that it was
dangerous, that it fell far below what would have been expected of a
competent and careful driver.'
The
court also heard that Mr Bryan's van had a pre-existing intermittent
electrical fault and he planned to stop and call the RAC at a service
station.
He had turned on his hazard lights and intended to leave the motorway at Junction 25, jurors were told.
After
the crash, police examined Bury's phone usage and found he had received
a text message from a friend three minute before the collision.
Mr Kemp added: 'Police ascertained Bury read that text, but records did not show when he read that text.'
The
defendant, who denies the allegation, said in his police interview he
read the text immediately after the collision and not while driving.
Mr Kemp continued: 'Now the prosecution say that is rather unlikely, to say the least.
'He'd just been involved in an incident where a serious collision had taken place.
'A man had been killed. It is hardly the time to be checking your text messages.'
Mr
Kemp added that the notion that Bury was reading a text message while
driving would 'certainly explain why he did not see the slower moving
van'.
He said: 'Whatever the reason, what is clear is, that Mr Bury did not see Mr Bryan's van ahead of him as he passed Junction 26.
'In one sense, whether he was using his phone at the time or not, does not matter.
'He simply wasn't watching where he was going and that, say the prosecution, is dangerous in any circumstances.'
Alwyn
Jones, defending, said his client accepted that the collision caused
the death and the issue was simply whether the manner of driving was
careless or dangerous.
Jurors
were told Bury will claim he had seen the slow-moving van and had
considered moving into lane two but was unable to do so because there
was a car in that lane.
He will also deny he used his hand-held phone immediately before the collision or that he read his incoming text message.
The trial continues.
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