No5 barrister defends lorry driver cleared after cyclist died in road accident

Mon, 20 Jan 2020

Counsel at No5 Barristers’ Chambers led the defence of a lorry driver who was cleared of causing the death of a cyclist in a traffic accident.

Mark Kelly defended Richard Merris who was accused of causing death by dangerous driving after his HGV struck two cyclists, killing one and injuring the other.

Mr Merris, who has 31 years of driving experience, denied the charge and also denied further charges of causing death by careless driving and causing serious injury by dangerous driving to Mr Higgins. He was acquitted of all charges.

Barry Brettell, of Brierley Hill, died at the scene while his friend William Higgins suffered a shoulder injury.

Mr Merris, 50, of Masters Lane, Halesowen, was involved in the accident on the A449 at Hartlebury on October 22, 2018. The incident happened where the road narrows into single carriageway.

During the trial, the jury was shown CCTV footage from a nearby metal yard of the incident.

Mr Kelly told the court that skid marks showed that Mr Merris was around 3ft to 4ft out into the road, which suggested that he saw the cyclists well in advance and was driving with "considerable forethought and planning”.

To read more about the case, visit: https://www.kidderminstershuttle.co.uk/news/18167921.lorry-driver-cleared-death-crash-hartlebury/

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