No-one was to blame for fatal accident says family

No-one was to blame for fatal accident says family

6 August 2014

THE family of a Crossgar pensioner killed when a van knocked him down say there is no-one to blame for the “freak accident”.

Eighty-eight year old Jim McCormick was making his morning trip to the newsagent when he stepped out in front of a van on Downpatrick Street, near his Westlands home, on January 9 last year.

An inquest at Belfast Coroner’s Court on Thursday ruled that he died from multiple injuries at the scene. The court heard bright low-lying sunlight on the frosty winter’s morning likely impacted on the driver’s vision.

Mr. McCormick’s son, Maurice, said he had advised his father — a retired nurse, former lollipop man and full-time carer for his wife — “not to rush out” that frosty morning.

“Jim would have gone every Wednesday to McCarthy’s to get a copy of the Down Recorder newspaper,” said Mr. McCormick in his evidence. “I heard the front door close and I said to myself: ‘That man there never listens’.”

Mr. McCormick said his father was enjoying his retirement but acknowledged his health had “started to go downhill” and that he “shuffled” when walking.

“He was keeping plodding on,” he said.

The court heard that although conditions were frosty on the morning of the accident they were not slippery.

A motorist at the scene, Andrew Jackson, described how the sunny winter’s morning would have impacted on the van driver who knocked Mr. McCormick down.

“The sun was very, very low in the sky,” he said. “It would have been in the man’s eyes driving. There would have been a glare off the road that morning.”

Mr. Jackson said the driver of the Cancer Research van appeared “very distressed”.

“He was running with his hands over his head,” said Mr. Jackson. “He was just completely stressed out.”

A report from State Pathologist Peter Ingram, who carried out the post mortem, said Mr. McCormick died at the scene following multiple fractures, including fractures of the neck and spine, and bleeding in the brain.

The court heard prosecutors had initially brought a case against the driver, Alan Chivers, but then offered no evidence, meaning he was found not guilty.

Forensic science officer Gavin Dunne told the inquest he was unable to accurately determine the speed Mr. Chivers was driving at. He said a reconstruction carried out in similar conditions a year later supported the driver’s version of being unable to see the pedestrian.

He noted it appeared the screen wash had been used before shortly before the accident.

Mr. Chivers (58) said he had been making deliveries to the Downpatrick Cancer Research shop from Lisburn for many years and had been obeying the 30mph speed limit.

“I was travelling within the speed limit, 100 per cent,” he said.

Mr. Chivers said he was wearing sun glasses but didn’t have the sun visor down in his car as he didn’t think the sun was “particularly strong”.

“I heard a bang... I thought one of my tyres had blown out,” he said of the collision. “I have no recollection of using the wipers. I did not see the gentleman at all.”

Mr. Chivers said his only comfort was that he wasn’t speeding and didn’t see Mr. McCormick.

“This has been a very traumatic time for me,” he said.

Coroner Jim Kitson said the inquest was not attempting to apportion blame.

“Nevertheless Mr. McCormick’s life has been lost and he is no longer with us,” he said, describing the 88-year-old as someone who lived a productive and hard working life.

“I extend to you all my condolences.”

Ruling that death was caused by multiple injuries due to a road traffic collision, the coroner said: “It is quite clear that Mr. McCormick suffered what I can only describe as quite devastating injuries.”

Speaking after the verdict Maurice McCormick said the family was satisfied with the verdict.

“We know it was an accident,” he said. “There is no bitterness. It was a freak accident.”

Speaking with great affection, Mr. McCormick said his father was independent and always determined to carry out his morning routine to the shops.

“He was stubborn,” said Mr. McCormick.

“He was very interested in Crossgar, very interested in history and newspapers. He was always sending in photos.

“A lifelong resident, he was born in The Square. The clock in Crossgar [which he used to wind up daily] was his pride and joy.”

Mr. McCormick said his father was very family orientated and that his life in recent years centred around caring for his wife who had dementia.

“We have many happy memories of him, which are a comfort,” he said.