A “perfect storm” of conditions led to the death of a great grandmother after a car crash, a court has heard.
Ronald Maloney, 38, of York Road, Crosby, appeared at Liverpool Magistrates' Court for causing death by careless driving of Margaret Hardacre. Leanne Kennedy, prosecuting, detailed that on December 4, 2021, at 12.15pm, Maloney was driving a Ford Galaxy and was stationary at traffic lights at the junction between Dunnings Bridge Road and Park Lane West, Bootle.
Ms Kennedy said there was a red traffic light diagonally opposite to Maloney, plus another ahead of him, and a filter light to his left. However, due to wind or a knock from another vehicle, the filter light to his left had turned 90 degrees so it was facing Maloney directly.
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The filter light turned green, so Maloney proceeded forward believing that was the light he was meant to follow. Ms Kennedy said: “There was a traffic light not for Mr Maloney’s line of traffic which had blown around in the wind.
“That was a filter light which was showing to turn right but obviously Mr Maloney was going straight on. “That traffic light wasn’t for him.”
Ms Hardacre was in the passenger seat of her daughter Joan Cosgrove’s Audi A3, as they were travelling along Dunnings Bridge Road in the general direction of the motorway, and proceeded through the junction with the traffic lights showing green. Maloney’s vehicle collided with her car at the junction, and subsequently flipped and landed on the bonnet of a nearby vehicle driven by Keith Kiernan.
Ms Hardacre and Ms Cosgrove were taken to hospital as a precaution, but unfortunately Ms Hardacre suffered a perforated bowel and died three days later on December 7. Ms Cosgrove has been diagnosed with PTSD since the event.
Mr Kiernan suffered injury to his back, shoulder and muffled hearing following the incident. Maloney was interviewed on March 18, 2022, and made “full and frank admissions” to police, and showed extreme remorse.
In a victim personal statement written by Ms Cosgrove, she described the “incomprehensible pain I suffer every day” since the loss of the “bedrock of our family who can never be replaced.” She said: “My mother was 93 at the time, but despite her age she had many more years to live.
“I awake every day to the image of my mum slumped like a rag doll in the passenger seat. “I was the person who convinced her to leave the house that day, I was the person driving the car, I was responsible for her safety."
Ms Cosgrove added: “I cry almost every single day and I am often so depressed I am unable to do anything with my days. “I have not been able to drive a vehicle since the day of the accident.”
Jim Smith, defending, said this accident only occurred because of the broken traffic light, and a “perfect storm of conditions” led to the tragedy. He said: “There is no replacement for the incalculable loss and immeasurable bereavement that has been suffered by the family in this case.
“He knows he can never replace the loss and hurt that has been suffered by the family. “He has of course borne the scars of that incident and will continue to do so for the rest of his life."
Mr Smith added: “He was momentarily and fatally distracted by that broken traffic light.” “This was clearly an accident waiting to happen, and unfortunately the perfect storm with the broken traffic light, the weather, and of course the clearing of Dunnings Bridge road, meant the chances of an accident like that happening were high.
“On his behalf, this has been a complete and utter nightmare to him.” In sentencing, District Judge Paul Healey said: “There is nothing I can do or say that can even begin to reflect the immeasurable loss to the family of Margaret Hardacre.”
“Whilst in no way comparing to the loss suffered by the family of Margaret Hardacre, I do accept that this incident has had a profound impact on you. Maloney was handed a community order for 12 months, and was ordered to complete 120 hours unpaid work.
He was also disqualified from driving for 12 months and ordered to pay a £95 victim surcharge and £215 in costs. Five members of the family of the victim appeared in the room, as well as the defendant's wife.
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