Derbyshire lorry driver who killed great granddad cyclist “just did not see” him

Wirksworth man Richard Smith, 41, hit “full of life” great-grandfather and cyclist David Bates, 71, with his lorry on the A515 near Ashbourne on September 10, 2019.

Derby Crown Court heard Smith was doing 45mph in a 40mph zone at the time and had a near miss with a Peugeot van three minutes before he crashed into Mr Bates on his bike.

An expert told the court Smith would have had between four and six seconds to move his Volvo lorry around Mr Bates when he saw him but failed to do so.

Judge Jonathan Bennett told Smith: “You didn’t realise what had happened until it had happened – you had not got a clue. You just didn’t see him.

"Another lorry driver some distance ahead saw the cyclist and moved over – you just didn’t see him.”

However the judge noted Smith had to take evasive action “crossing the white line” in a near miss with a van minutes before hitting Mr Bates.

He added: “It is the responsibility of every driver to be aware of other vehicles – particularly those in front of them.”

The court heard Smith also had a previous conviction for driving without due care and attention from December 2016 when he crashed into a bridge on the A38 which was too low for the light goods vehicle he was driving.

Judge Bennett said: “Mr Bates was a father, a grandfather and very recently a great-grandfather of which he was very proud.

"He was a very active man and one of the things he loved to do was ride his bike, as he was riding on this occasion.

"This is a tragedy for his family – they miss him dreadfully and had no chance to say farewell.

"No punishment I can impose is going to alleviate the sadness and tragedy of the loss and premature death of such a loved man.”

Mr Bates’ daughter Margaret Burton said her father’s death “broke our hearts” and the new great grandfather would never see his great-grandson Riley grow up, which “brings tears to my eyes”.

She described Mr Bates, who would “think nothing of cycling 50 miles” as “young at heart and full of life”.

She said: “I will always remember giving him a hug and kissing him on the cheek and telling him ‘I love you’ the night before he left our house and was killed.”

Smith’s defence counsel Timothy Pole said his client was “deeply sorry for what occurred”, adding: “It has had a very significant effect on his mental health.”

Mr Pole said following the tragedy Smith had taken an overdose and been cared for under the Mental Health Act.

He said: “The risk is high or imminent if he were to receive a custodial sentence.”

Smith, of King Street, Middleton by Wirksworth, admitted causing death by careless driving.

He was jailed for seven months, banned fro driving for 27 months and ordered to take an extended test at the end of his ban.

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