Press Release
Breakthrough As Law Changes For Road Victims
Local MP Tom Clarke raised the tragic death of Gillian Curran aged 24, from Coatbridge in the House of Commons last year. Gillian was travelling home from work in her car which was stationary at the end of a tailback when she was struck from behind by another vehicle.
Gillian suffered head injuries and was trapped in her car for 45 minutes after the crash. She died later in hospital. Gillian’s family and the entire community of Kirkwood where she was brought up were devastated. From that moment, the lives of Gillian's loving parents, Patrick and Sandra, and her devoted sister, Nicola, have immeasurably changed for ever. Without warning, they lost a beautiful, bright, good-humoured and delightful daughter and sister, who had everything to live for. Everyone who knew Gillian would readily agree that she possessed tremendous warmth coupled with an immense spirit of vitality for life. Gillian's life was cut short far too soon. Now the Law is about to change following last weeks Debate on the Road Safety Bill.
Mr Clarke said:
“Firstly I would like to pay a tremendous tribute to Gillian’s family and 11,500 people who signed a Petition which I presented to Parliament and the Home Secretary. Originally when I raised this matter in the House of Commons I said at the time, that as the law as stood then. it was wholly inadequate in relation to the tragic outcome. I believed that the law on careless driving should be changed. The courts treated careless driving as a minor offence. It is of course no minor offence when a person loses their life. We needed a new law, with much stiffer sentences introduced to cover death by careless driving. In fact it was incredible that the penalty following Gillian’s death amounted to a six-month ban and a £500 fine, hardly a suitable sanction when a young woman had lost her life."
The MP added, “The Curran family should be applauded as they have maintained their campaign for justice supported by the Scottish Campaign against Irresponsible Drivers. There is a shared belief that if drivers knew that there were stiffer punishments for various driving offences, they would think twice before taking risks. At present, there is no offence between that of driving without due care and attention and that of causing death by dangerous driving. I therefore argued that we needed a charge of causing death by careless driving. It is worth pointing out Police officers who examined the scene found the accused had a clear view of the stationary cars from 400 metres away from the point of the collision. The evidence suggests the accused failed to pay proper attention to the road. Expert officers who investigated the crash were not able to establish the speed of the accused's car, but there was no evidence to suggest any braking”!
“Speeding is a massive problem not only in our streets locally”, said Tom, “but also throughout the United Kingdom. Inconsiderate driving contributes to the 36,000 serious injuries and 3,000 deaths that occur on Britain's roads each year. More than two thirds of all accidents in which people are killed or seriously injured happen on roads where the speed limit is 40 mph or less. Excessive speed was the most frequently cited contributory factor to fatal accidents, recorded in 28% of such accidents between 1999 and 2002.”
“Council Leader Jim McCabe contacted me last week encouraging me to ensure that everything possible should be done to ensure that drivers stick to the speed limits. Almost 50 % of victims in cases in which the conviction was for careless driving believe that the gap in penalties between dangerous and careless driving is too great. Nothing I can say today will bring Gillian Curran back. But I owe it to Gillian, to her parents Patrick and Sandra and to Nicola to try to ensure that no other family should suffer in the way that they are still suffering. I can only achieve that if Parliament accepts the justice of the case that I have advanced for changing the law. I trust that Parliament will do so; it will go some way to recognising Gillian Curran”.
On the first day of Parliament’s return the Road Safety Bill was debated in Parliament. Speaking for the Government was Dr. Stephen Ladyman said:
“I congratulate all the road safety groups and lobby organisations, and individuals that have taken such an interest in the Bill and given us their advice. We are making progress, with the number of road casualties falling every year. However, if we want to ensure that the number continues to fall, we cannot be complacent. Nine people a day are still dying on our roads. We need further measures to raise the standard of driving and to make irresponsible driving a thing of the past, and that is exactly what the Bill seeks to do”.
“One aspect of the Bill is designed to address irresponsible driving. The Bill also deals with many other important issues, such as speeding, recklessness and people who cause death by careless driving—a major new provision. Currently, someone may face a long custodial sentence if found guilty of dangerous driving, but because it is a difficult case to prove, they may be found guilty only of careless driving. That kind of outcome appears to many victims and their families as only a slap on the wrist. The Bill fills that gap very well. But because of the vagaries of the current law a driver can be fined just £100 for causing a young persons death. That is unacceptable and the new legislation fills the gap in the law and fulfils our manifesto commitment at the last election. I am proud that we have been able to agree on the new measure.”
Mr Clarke concluded:
“This new Law would not have been possible without the tireless and relentless campaign of (SCID) and the victim’s families such as the Curran family who in my view have had more than enough grief to cope with, without having to use their energy to change the Law. I readily acknowledge that it is too late for Gillian, but other families should be allowed to grieve their loss exclusively, without the burdensome problems associated with the application of Law.”