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Lorry driver killed cyclist three months after his licence was revoked because of his eyesight

“You should have seen her but you failed to do so”

The lorry driver who hit and killed cyclist Josephine Gilbert in Derby was driving unlicenced and uninsured, having had his licence revoked 12 weeks earlier due to concerns over his eyesight and diabetes. Herbert Wyatt has been jailed for 45 months and banned from driving for five years and three months.

Josephine Gilbert, aged 25, was riding on the A52 Ashbourne Road close to the Markeaton Island roundabout when she was hit from behind by Wyatt on January 21.

The Derby Telegraph reports that she suffered catastrophic head injuries and died instantly.

In interview Wyatt claimed he had moved out to overtake and that Gilbert had “rode out into him”.

However, dashcam footage showed Gilbert riding consistently in a straight line and near the kerb.

“She was wearing bright orange cycling clothing, a pink and black cycling helmet and was riding straight,” said Lisa Hardy, prosecuting.

“There was no traffic coming towards her, visibility was good and he had 17 seconds of her in his vision to move out and overtake her if he wished. But the defendant effectively mowed down the deceased, driving over her in a straight line.”

Wyatt’s licence to drive lorries had been revoked in October – information he kept from his employer and which also meant he was uninsured.

He was said to have tried to deceive both the DVLA and his doctor over his eyesight.

Hardy said: “He reiterated repeatedly he’d had no issues with the DVLA, but when all of the checks were made it was clear that was not the case.

“Just the day before he had spoken to a clerk at the DVLA and admitted he knew he was unlicensed to drive large vehicles.”

Wyatt pleaded guilty to causing death by dangerous driving; causing death by driving a vehicle while uninsured; and causing death by dangerous driving while unlicensed.

Sentencing him, Judge Jonathan Bennett said: “The tragedy about this case was that it would have been avoided but for two features.

“One, you should not have been driving that vehicle and you knew that. Secondly, you should have seen her.

“I have had the misfortune of viewing the footage and you can see the deceased for 17 second after coming off the roundabout.

“She was wearing bright orange clothing, a pink and orange helmet, there was no traffic, nothing was coming the other way. You should have seen her but you failed to do so.

“You demonstrated a callous disregard for others culminating in this tragic incident, cutting short the life of Josephine and devastating her family.”

Alex has written for more cricket publications than the rest of the team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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