Trucker cleared over fatal crash

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A lorry driver has been cleared of death by dangerous driving after a crash which killed a 10-year-old girl.

Chloe Clarke, from Llandudno, Conwy, died when Edward Kicinski's lorry struck her family's car after it had broken down on the A55 in February.

Polish-born Mr Kicinski, 47, from New Ross, County Wexford, had denied the charge, claiming he had been concentrating properly on the road.

He was told he could leave Mold Crown Court with his "character intact".

There was loud sobbing from the public gallery as the verdict was announced at the end of the three-day trial, and one member of Chloe's family left the court room.

Judge John Rogers QC told Mr Kicinski: "You can leave the dock with your impeccable character intact."

Mr Kicinski's lorry was travelling at about 50mph (80kmph) when it hit the Rover 416 on the inside lane of the westbound carriageway between Caerwys and Rhuallt Hill in Denbighshire.

Mr Kicinski had told the court he did "everything he could" to avoid the crash, and had been concentrating properly on the road in front of him.

He said he had driven three million kilometres (1.86 million miles) in his 24 years as a truck driver, and was very familiar with the A55.

But he said poor visibility meant he had not seen the Clarks' car until he was 100m (328ft) away, too late to take evasive action.

Chloe Clark was asleep in the back of the car when the lorry struck

Mr Kicinski had rejected prosecution assertions that he was distracted by a car overtaking him, or too relaxed about driving on that section of the road.

Asked if it was true that he had not been concentrating properly on the road in front of him, Mr Kicinski replied "absolutely not".

CCTV footage recorded by different cameras near to the scene of the crash was played to the jury.

It showed nearly all vehicles, including Mr Kicinski's lorry, had their lights on by the late afternoon when the accident happened.

A forensic collision expert told the jury about a phenomenon known as "looming" where the brain fails to register stationary objects on the road.

He explained there were a number of aggravating factors in this case. The light was fading. The Clarks' car was dark, against a dark background, and had no lights on.

Tachograph

Giving evidence on Monday, Chloe's parents, Ellen and Joseph Clark told the court the lorry driver did not seem to see them or to slow down.

Mr Clark and the couple's elder daughter Chelsea, then 13, were also injured in the crash.

The court also heard how Mr Kicinski's tachograph showed the trucker had been driving at about 53mph and then reduced his speed to 50mph one second before his Daf lorry hit the family's Rover 416.

The prosecution had claimed the defendant's driving had been "culpably, dangerously negligent".