Pensioner who caused death of motorcyclist in Boston receives suspended jail sentence

Brian Smith, 62, died when his bright yellow Honda motorcycle was struck by a car being driven by David Smith, 75.

The collision occurred on the junction of the B1138 Horncastle Road and Pilleys Lane, near Boston, at around 2.45pm on April 29, 2024.

David Eager, prosecuting, said David Smith, who was travelling northbound, turned right in front of the motorcycle after it was visible for over 200 metres, and nine-and-a-half seconds.

The motorcycle was impacted by the passenger side of the Volvo car and Brian Smith died after suffering multiple injuries, the court was told.

"In crossing the road when he did this was careless driving, bordering on dangerous driving," Mr Eager argued. "The lack of observation is between seven and nine-and-a-half seconds."

The court heard David Smith gave a prepared statement and then a no comment interview to the police.

Mr Eager said the defendant gave an explanation that he believed the cause of the accident was the speed of the motorcycle.

The prosecutor said there was no evidence that Brian Smith was anyway to blame and was driving within the speed limit.

An impact statement from Brian Smith's partner of three decades was read out in court.

She described Brian as her "best friend" and said her life was now a "living hell."

"The day when the police knocked on my door my whole world fell a part," she explained.

"I feel so lost and vulnerable," she added. “I have no interest now, I have panic attacks now. I am living in a daze."

She said she regularly rode as a pillion passenger with her partner, who had never had an accident. "Every time I hear and see bikes I am in bits," she added.

David Smith, 75, of Horbling Lane, Stickney, pleaded guilty to a charge of causing death by careless driving.

The court was told David Smith had no previous convictions and often suffered flashbacks and nightmares of what happened.

In mitigation the court heard there was no evidence the defendant had not been driving carefully before attempting the fatal turning.

Passing sentence on Monday, September 7, Judge Simon Hirst made it clear no sentence could put a value on the life of the deceased.

"The impact of losing Brian Smith on his partner has been truly catastrophic," Judge Hirst noted.

Judge Hirst told the defendant: "Brian Smith was visible from where you were stationary for over 200 metres and nine seconds."

The judge told David Smith it was an aggravating feature that he had blamed the deceased for the accident.

But Judge Hirst said he was just persuaded to pass a suspended sentence.

David Smith was sentenced to 18 months imprisonment suspended for two years. He must also obey a curfew between 8pm and 7am for six months, was banned from driving for 12 months and must take an extended retest.

Detective Sergeant Adam Doona, from Lincolnshire Police’s Serious Collision Investigation Unit, commented: “This collision was due to David Smith failing to look properly and instigating a turn in front of an oncoming motorcyclist. Brian Smith was there to be seen and had his headlight illuminated, so it remains a mystery as to why David Smith cannot recall seeing him approach.

“The importance of concentration, particularly when undertaking any manoeuvre that may bring you into conflict with other vehicles, cannot be overstated. It is important to always look twice and ‘Think Bike’.

“David Smith’s failure to properly observe the road ahead has cost Brian Smith his life. This shouldn’t have happened and Brian’s widow is left to face her future without him at her side.”