Man cleared of road death due to poor lighting

A MAN has been cleared of causing the death of an 81-year-old woman by careless driving – prompting calls for safety improvements to a crossing.

A judge concluded that Elizabeth Cherrington was practically ‘camouflaged’ against the background due to poor lighting and lack of warnings on Chester Road in Erdington.

She was returning from the shops at around 5.45pm on November 6 last year when she stepped on to the road and was hit by a Peugeot van, suffering catastrophic and fatal injuries.

Following a trial at Birmingham

Magistrates’ Court the driver Leon Neil, aged 60, from Castle Bromwich, was acquitted of causing death by careless or inconsiderate driving.

Confirming the verdict, District Judge David Wain said: “It seems to me this was an unfortunate set of circumstances that came together in the worst possible way.”

The collision occurred at the ‘unregulated crossing’ point on Chester Road, shortly after its junction with Gunter Road. It is marked only by two bollards at either end of the rudimentary slabbed pathway.

Judge Wain gave credit to police officers and collision investigators for reconstructing the incident, emphasising the crossing was not ‘well illuminated’ nor benefited from signs warning motorists about the potential presence of pedestrians.

He stated the lights from oncoming traffic in particular “broke up the image of Ms Cherrington effectively disguising her against the background”.

Judge Wain added at the ‘crucial moment’ she would have become visible she was ‘camouflaged’ and the ‘golden opportunity for her to be seen’ was lost.

He said: “It seems to me the crossing point lacks illumination and signage and posed a real risk to innocent road users such as Ms Cherrington. Not wishing to step into the realms of the coroner but the police may wish to address those with the authority responsible for the road, and see if further steps can be taken so pedestrians can be safe using it, so at least something comes from this terrible case.”

Police confirmed said they would be seeking to raise the safety issue with the highways authority.

But Judge Wain said Mr Neil was driving below the speed limit and had given ‘credible’ evidence.