Careless driving charge dropped against motorist after motorcyclist’s speed contributed to fatal Christchurch crash.
The accident happened on Barrack Road in Christchurch. Nuno Gaspar was speeding at 60 mph, double the 30 mph speed limit. Charlotte Hardwick, age 27, turned at a junction.
Hardwick said Gaspar seemed to appear suddenly. She checked her mirrors before turning and stated it was safe to proceed. She testified that she would not have turned if she had seen him.
A crash investigator told the court at Gaspar’s speed, the accident was unavoidable. Had Gaspar been going 30 mph, the crash would not have occurred. At that speed, he would have needed 4.5 seconds to reach the collision point, and Hardwick would have already crossed.
At 60 mph, it took him only 2.2 seconds to reach the junction. Gaspar passed a car near Bailey Bridge roundabout. Because he had been between two cars, Hardwick may not have seen him.
The overtaken driver said Gaspar revved loudly and accelerated to a high speed. Another witness said the motorcycle was going too fast and called him an idiot.
Witnesses thought Gaspar caused the accident, saying that he was driving too fast initially. The crash was very violent. A policeman got blood on him.
Gaspar, riding a Kawasaki, died at the scene. He suffered multiple injuries from the accident.
Hardwick said she didn’t see the motorcycle before impact. She thought a tree fell or her tire exploded, so she didn’t anticipate the accident. Airbags deployed, so she exited her car.
After arriving at the scene, a woman approached Hardwick and instructed her not to look at the scene. The other woman saw a person on the ground and tried shielding Hardwick from the trauma.
Hardwick pleaded not guilty to causing death by careless driving. She testified that she remembered checking before turning. She maintained it was clear and safe to proceed.
Prosecutors presented CCTV footage of the crash in court. They said Hardwick should have seen the motorcycle before turning. They asserted that she should have stopped to ensure there were no dangers.
The prosecutor called the event tragic, acknowledging Gaspar’s speeding but maintaining that Hardwick contributed. The prosecution clarified they weren’t seeking to blame her exclusively, but that she partially caused it by not stopping and not taking a final scan to ensure safety.
The defense countered that Gaspar’s excessive speed caused his death and that he drove double the speed limit, in an area where pedestrians could be crossing and that he was thus responsible. She then asked if Gaspar’s death was truly Hardwick’s fault.
The defense argued that the Highway Code doesn’t require stopping at this line, rather it says to wait for a safe gap for crossing the road. She declared that Hardwick likely followed the code.
After the verdict, the judge called the situation dreadful because someone lost their life. The judge told jurors that, regardless of legal responsibility, she must live with the event forever.