Tuesday, 13th January 2009 - 10:55CET
Driver fined, banned from driving
A man has been fined €3,000 and banned from driving for one year after knocking over a 12-year-old boy on a zebra crossing, putting him in a coma for three weeks.
Emmanuel Schembri, was driving his Isuzu Elf van through Dawret Street in Għaxaq on November 6, 2006 at 6.30 p.m. when Carl Falzon was crossing the street on a zebra crossing, a court was told.
Mr Schembri’s van was travelling at 50 kilometres per hour when it hit the boy.
Mr Falzon insisted that the traffic lights were green at the time of the accident.
Testifying, Mr Schembri said that when the boy hit the van his attention was focused on the green lights.
As a result of the impact the boy hit the windscreen, smashing it, and was thrown around 25 meters from the van putting him in a coma for three weeks. Medical doctor Mario Scerri told the court that the boy left hospital with a neurological deficit. A second doctor, Dorianne Soler, said that the boy had suffered learning problem, memory problems as well as reading difficulties.
Photos taken by court experts showed that the crossing was well lit at that time of the evening.
Magistrate Doreen Clarke in her considerations said that Mr Schembri was travelling at the maximum speed limit when he hit the boy.
After taking into consideration that Mr Schembri was not keeping a proper look out at the time the court fined him €3,000 and banned from driving for one year.
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Comments
I mean evev if a dog is crossing the road most poeple stop, let alone when poeple are crossing on green or red light.
Is the boy getting help or conpensation for his injuries?????????
Was the boy "keeping a proper lookout"? if he was he should have noticed a large van coming at him at 50 km/h whatever the colour of the lights. If he was looking, it should have been easy to judge that the driver has no intention of stopping.
Besides, this man was banned from driving because he committed a human error, to which we are all susceptible. He was not overspeeding, he was not under the influence, he was not driving recklessly, he failed to see a boy who was crossing the road, who had failed to see his van. It could happen to anyone....methinks.
If the boy crossed while the pedestrian light was red, then the driver WAS keeping a proper look out - his lights were green and he drove past the crossing. I lost count how many times I've seen pedestrians running across the road at Marsa just under the boys' Museum because they see the bus about to leave, often rushing onto the road just as the car lights turn green.
Responsibility for road safety is shared between drivers and pedestrians, and on the face of it, it seems that in this case it was the boy who made the wrong decision.
But, the article states the boy was throw 25m away, but the van was moving at 50km/h? Was the light green or red, and how was this proven. Are drivers to stop even when lights are red? I really do wush someone to explain.
"Kings of the roads" ought to be put in their place. But according to this news report, the light was green and the boy crossed while the crossing light was red. So it seems that this time it wasn't entirely the driver's fault....
When are we going to see the traffic lights cameras installed? We have a number of speed cameras (with a new one being installed in Tal-Barrani) but no sign of traffic lights cameras. This would have been useful to see if the lights were really green.
You should tell that to the drivers. I am a driver myself and always go extra careful when a zebra crossing is approaching. However most drivers take this as an opportunity to race against time and arrive at the zebra crossing before the pedestrian even looks to see if the road is clear let alone tries to cross.
Pelican crossing are the only way persons can cross safely these days. No one seems to take zebra crossing seriously. Then what you say about crossing is true...if the light suggests that I can cross doesnt mean that the cars actually stopped so pedestrians should still look before crossing.
My point is, however, what is the use of banning the driver from driving 26 months after the said incident? Was it a one-off incident where this individual was not paying FULL attention to the road in front of him? In this case, it's even unfairer for the ban to start applying now that 'so much' time has passed since the incident, considering he would not normally be a hazard to pedestrians and other drivers.
I stand to be convinced if I am wrong. In truth, I am in two minds about this...
As a matter of academic interest, would such bans apply to any license classes this person holds? In short, if he is being banned from driving his car, does suspension of trailer/motorcycle/etc licenses also come into effect?
A zebra crossing gives priority to the pedestrian at all times, while a pelican light causes annoyance to both pedestrian and driver, many times having to wait for lights to change uselessly, and extra danger to the pedestrian who mistakenly crosses on a red light.
I remember learning as a kid .. look right, look left, look right again and if cars have stopped for you, cross. Much safer than 'see if the light is green and cross'.