HGV driver cleared of death by dangerous driving – defended by Thomas Stern

On 4th November 2020, a pensioner was killed when she crossed the A219 at Brook Green, London in front of an HGV Ford Iveco. The vehicle was driven by Mr John Delgado, who was driving in the course of his work. He was left devastated by the outcome. The incident occurred when Mr Delgado stopped at a box junction to wait for traffic ahead to clear. Whilst the Iveco was stationary the deceased walked across its front. She was below Mr Delgado’s direct sight line and he was unaware of her presence when he started to drive forward.

Mr Delgado was indicted for causing death by dangerous driving. He was tried before Isleworth Crown Court, over four days, and was acquitted by the jury on 15th June 2023. Deliberations lasted a little over one hour. The trial turned on evidence concerning the positioning of the Iveco’s close proximity mirrors, the visibility they offered, and the extent and timing of Mr Delgado’s mirror checks. Expert evidence addressed mirror field of view regulations and surveys. The prosecution put its case on the basis the Iveco was in a dangerous state. The dangerousness of the vehicle, as well as causation, were live issues for the jury’s consideration.