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Driver going 38mph in a 20 said it’s not his fault he hit and killed woman, 90

Driver going 38mph in a 20 said it's not his fault he hit and killed woman, 90 google maps
Thomas Smith, 24, was doing 38mph in a 20mph zone when he hit Ellen Brown, on King’s Street, Hammersmith Broadway in summer 2019 (Picture: Myles Goode)

A driver caught doing almost double the speed limit said ‘It’s not my fault she crossed in front of the bus’ after he hit and killed a 90-year-old woman.

Thomas Smith, 24, was clocked at 38mph in a 20mph zone when he hit Ellen Brown, on King’s Street, Hammersmith Broadway, in July 2019.

The widow died three days after the collision on July 25, having suffered serious head and chest injuries.

Smith previously pleaded guilty to causing death by careless driving but failed to return to the Old Bailey for sentencing on Thursday after skipping bail.

Prosecuting, Edward Franklin told the court King’s Street had been busy with pedestrians on July 22.

He said the collision had been caught on CCTV and footage showed Mrs Brown stepping into the road.

Mr Franklin said: ‘She stepped up from behind the bus and went on to run across the road.

‘Smith drifted across the road into the path of Mrs Brown as she ran across the road.’

He said Mrs Brown, who had white hair and was carrying a white plastic bag at the time of the collision, had been visible as Smith approached her.

The court heard that when he was arrested, Smith said: ‘It’s not my fault she crossed in front of the bus’, and ‘denied he had been distracted at the time’ of the collision.

Mr Franklin went on: ‘When asked what speed he was going, he said 27mph but was unsure when asked if he could estimate his exact speed.

‘The defendant previously wrote that he sped from under 20mph to over 20mph and knew the area well.’  

Smith claimed he had beeped Mrs Brown as he approached her, but that she continued to step out onto the road.

Mr Franklin added: ‘The street is busy with shops, banks and restaurants and where it was highly likely members of the public would be crossing.

Old Bailey - London, UK
Smith, of Ember Court, Brentford, was jailed for eight months and disqualified from driving for a total of three years (Picture: Getty)

‘Driving on that occasion was driving just short of dangerous driving.’

James Higbee, defending Smith, said: ‘In the absence of my client I don’t believe there is anything I can add.’

Smith, of Ember Court, Brentford, was jailed for eight months and disqualified from driving for a total of three years in his absence.

Judge Simon Mayo QC said: ‘If he was driving marginally in excess of the speed limit he may be confused and not clear thinking.

‘He was seeking to avoid the consequences of his careless driving and was seeking to shift blame.’

Addressing Mrs Brown’s family who sat in the public gallery, the judge said: ‘Ellen’s life was precious and beyond that had her family, friends and all those people who were privileged to know her.

‘I hope the sentence I pass today will not be seen by you as indicating her life was anything less than precious.

‘I hope too with time you will find peace in the many happy memories you share with her.’

Smith will not be allowed to drive again until he has passed an extended driving test.

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