Darren Wilby trial begins - he is accused of causing Enid Ord's death through careless driving

Enid Marie Ord, 88, died in hospital on September 15 last year, weeks after she suffered a serious leg injury in the collision on July 17.

Mrs Ord had just left the Clifton Health Centre in Water Lane, seconds before driver Darren Wilby also left the building having made a delivery.

As Wilby returned to his 7.5 tonne vehicle, he was using a hand-held scanning machine recording some delivery details, said Tim Capstick prosecuting at Leeds Crown Court.

“He accepted that was the case,” said Mr Capstick said. “What that meant is as he was walking to the cab he didn’t look about the car park and clearly didn’t see Mrs Ord.”

After getting into the cab of his vehicle, Wilby started to reverse after checking his mirrors.

“Unfortunately as fate would have it the deceased was stood in a blind spot behind his truck and would not have been visible to Mr Wilby once sat in his cab," said Mr Capstick.

The scene of the accident

The jury was shown CCTV footage which Mr Capstick said graphically showed what happened next. Mrs Ord was knocked down and the truck ran over her before moving forward again and coming to a halt. The driver got out, realising what had happened, having initially thought he had gone into a pot hole.

Mrs Ord was taken to hospital but developed pneumonia and eventually sepsis which led to multiple organ failure.

Mr Capstick told the jury it was the Crown’s case that Wilby’s driving on July 17 had fallen “below the standard of a competent and careful driver.”

He said the driver should have taken notice of anybody around his vehicle. It was at a health centre and “common sense” would suggest there would be patients crossing the car park including possibly children, the elderly or infirm.

“It is incumbent on him to make sure his path was clear before reversing”.

Wilby, 44 of Stone Brig Lane, Rothwell, Leeds denies causing death by careless driving.

Leeds Crown Court

Wilby told police in interview that his lorry made a reversing warning sound and he thought his way was clear after checking his mirrors and would not have moved off otherwise. “I just didn’t think anybody would be at the back of the vehicle.”

An emotional Wilby told the jury in evidence that before that day he had been driving professionally for six and a half years and had been driving that size of vehicle for his current employers for about five months.

He had four mirrors to check but was aware there was a blind spot at the back of his vehicle.

He told his defence counsel James Leonard it was not common practice to walk round the vehicle before getting into the cab.

“You’re relying on the vehicle reversing lights and warning sounds to make people aware you are reversing,” he said.

Mr Capstick asked him in cross-examination if he thought he had done anything wrong that day.

“No” replied the defendant, who was in tears at times during his evidence.

Mr Capstick suggested the collision could have been prevented by his looking around the wagon and not making assumptions about his way being clear.

“In hindsight yes,” said Wilby.

“You didn’t look around did you,”asked Mr Capstick. “Do you think that amounts to careless driving?”

“No,” said the defendant. He agreed had he seen Mrs Ord he would have asked her to move out of the way but had not seen her.

North Yorkshire Traffic Constable David Taylor who was called by the defence told the jury he investigated the collision and concluded the lorry driver had not done anything wrong in the circumstances.

The trial continues on Thursday.