Elderly Motorist Developing Cataracts Killed Cyclist on Country Road

Posted: September 9, 2022

Posted in: Bicycle Accidents Road Traffic Accidents Wrongful & Accidental Death 

Cyclist Jim Tassell has been killed by an elderly car driver. The killer’s vision was six times worse than the regulated metric for sight. Despite this, the road traffic accident took place during a clear summer’s day, and without speeding involved.

As reported, Mr Tassell was thrown six feet into the air and suffered traumatic personal injuries. He was airlifted to Southampton General Hospital, but unfortunately died five days later. The fatal accident has been pinned solely on Peter Gardener, who was recently informed of the potential development of cataracts. Prosecutors labelled him as “reckless and foolish” to have still got behind the wheel.

After the cycling accident in Andover, near Southampton, Mr Gardener was given a series of tests to prove driving ability. He was cleared of drink-driving. However, he eye-test revealed he was only able to read a number plate from 3 meters away. The regulated distance is 20 meters. Despite the clear indicators of vision decline, his defence barrister argued that:

“He did not believe, living alone and isolated, that his eyesight was as bad as he now completely accepts it is.”

The judge, from Gardener’s trial in Salisbury Crown Court, found it hard to believe that it was an unnoticed decline in visual acuity. He said:

“That is quite a significant impairment. I am told that you hadn’t noticed any deterioration of your eyesight. I find it hard to believe you had not realised as you had continued to drive to the period of the collision.”

“It must have been obvious to you; you were not seeing things as you should. You have brought devastation, misery, and despair upon the Tassell family.”

“It seems to me that your carelessness and lack of concern about your failing eyesight is something that has got to be punished. It seems to me that your conduct has got to be marked by a prison sentence, and that an immediate sentence of imprisonment is appropriate.”

Gardener was given 6-month prison time for the incident that killed the cyclist, and was disqualified from driving for 3 years and three months. Although the judge went on to warn Gardener, “I trust you will, in practical terms, never drive again.”

The Tassell family, who described Jim as the “best grandad” who “loving”, and “kind” have urged the family of other elderly drivers to ensure those “with poor eyesight to ensure they are medically fit to drive.”

We Can Help the Families of Killed Cyclists

Nothing can change the tragedy of what happened to this killed cyclist, Jim. However, our expert team at Accident Claims UK can see to it that those who have caused such enormous grief are punished – and that you are compensated for your loss. Your compensation claim will not only reflect the pain and suffering endured by your lost loved one, but also the loss you will experience by their absence.

So, if the accident wasn’t the fault of the deceased, our solicitors ** can help the family claim damages on a no win, no fee * basis. Contact us today on 01252354433^ to start your claim and get the justice you, and they, deserve.

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