A CARELESS motorist who failed to see an elderly couple crossing the road collided with them, causing the woman fatal injuries.

The tragedy - on Ellerthwaite Road in Windermere on the evening of December 4, 2020 - claimed the life of 71-year-old Hexham woman Olwyn Kirkby and left her husband Colin seriously injured, Carlisle Crown Court herd.

At an earlier hearing, the driver involved, 50-year-old Joseph Lancaster, of Ghyll Road in Windermere, admitted causing the woman's death by careless driving.

Prosecutor Tim Evans said the day had begun with the Kirkbys attending a family funeral and the trip involved them staying overnight at Windermere. After the cremation, they had gone for a meal with Mr Kirkby’s brother and his wife.

Mr Evans then described the events leading up to the tragedy as the Kirkbys, walking ahead of the couple they were out with, made their way back from the restaurant at around 8.30pm.

The accident happened at the junction connecting Ellerthwaite Road to New Road. “They were walking hand in hand on the main road towards Bowness,” said the barrister.

“Olwyn was on the inside with Colin walking on the roadside. He describes how they were walking briskly on what was a cold evening, dark with slight drizzle. Traffic was on what was a Sunday night light.

“They approached the end of the road, followed the pavement round to the left intending to cross at the mouth of the junction of the road using a triangle section of the road to cross to.

“Mr Kirkby looked in both directions, saw no traffic either way, and both set off to cross with his wife still on his inside. As they were about to step onto the triangle in the middle of the junction he felt a blow to his right thigh as he first was struck by the defendant’s car.”

Mr Kirkby could remember nothing else after this.

Tragically, Olwyn Kirkby lapsed into a coma and died at Royal Preston Hospital as a result of her injures 12 days later, the court heard. Mr Kirkby spent a significant time in hospital as a result of his injuries. His death from cancer in December 2022 was unconnected to the accident.

After the collision, said Mr Evans, the defendant told a police officer: “I just came out from the shop, turned in; I was looking at someone on the pavement. I didn’t see the people in the road and hit them.”

The defendant had not been drinking or using drugs, though it was established that one lens from his spectacles was missing and had been for some weeks.

David Traynor, mitigating, said Lancaster has not driven since the accident and had no intention to ever drive again. Since it happened, the case had been the primary focus of his life. The barrister also highlighted Lancaster’s poor mental health.

Judge Nicholas Barker rejected Mr Traynor’s suggestion that the offence could be characterised as a “momentary inattention.”

The judge said: “I accept that you are greatly saddened by your actions that night, your absence of care and attention, which I don’t accept was fleeting of momentary. It had a devastating effect.

“It led to the death of Olwyn Kirkby, and took away from Colin Kirkby in those last years of his life the person who could in those difficult years have looked after him. It has impacted significantly on his family – his daughter and her family, who felt they needed to move from the Midlands to the North East to care for Colin.”

The judge accepted Mr Traynor’s point that the defendant had not sought to avoid his responsibility for this “terrible, tragic event.”

Judge Barker also noted the defendant’s poor mental health – low self-esteem, borderline personality disorder and depression, and his history of suicide attempts and how he was currently assessed as a suicide risk.

Though the offence crossed the custody threshold, the judge said he would suspend the eight months term he imposed for two years. Lancaster must observe a four month 6pm to 6am curfew and he was banned from driving for five years.

“There should be serious reservations about you ever driving again,” added the judge.