US tourist insists she checked road was clear before fatal Inverness crash
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AN American tourist has told a jury at Inverness she checked that the road was clear before carrying out a right hand turn into Kingsmills Road seconds before her hire car was struck by a motor cycle.
Business consultant Barbara Ardell from Dunwoody in Georgia faces a charge of causing death by careless driving.
Prison officer Paul Todd (57) died when his powerful Honda Blackbird motor cycle collided with a Skoda Fabia being driven by Ardell at the Culcabock Road junction with Kingsmills Road on 18th July last year.
The trial had already heard from witnesses who claimed Mr Todd, driving east on Culcabock Road had been exceeding the speed limit when he overtook vehicles approaching a set of traffic lights near the Kingsmills Hotel.
His motor cycle collided with Ardell’s car as the car was turning into Kingsmills Road about 4.50pm.
The jury heard evidence from witnesses driving on the road who said Mr Todd over took them as he approached the junction. heir estimates of his speed were given up to 45-50mph.
Police experts estimated the motor cycle was travelling at between 31mph and 40mph from the point the brakes locked as he tried to avoid the collision.
The jury has heard how the motor cycle skidded along the road before the collision and Mr Todd struck the wheel of the Skoda.
He died of chest injuries.
Ardell, giving evidence to the jury on Wednesday, told the court how she and her husband were on a three week holiday in the UK.
She said she worked as a business consultant and had travelled to the UK six times before and had experience of driving on the left hand side of the road in the UK and in Australia.
She has pleaded not guilty to causing the death of Mr Todd from Alcaig near Conon Bridge by carrying out a right-hand turn in the face of the oncoming motor cycle and colliding with it.
Ardell described how she had spent eight days in the UK before the accident and had been touring England and Scotland.
On the day of the tragedy she and her husband had visited Culloden, Cawdor Castle and the beach at Nairn before making the return journey to their guest house in Ardconnell Terrace in Inverness.
Ardell said she had already used the junction before to get to the guest house and she signalled going up the hill preparing to make the right hand turn.
"I looked to see if there was anything coming and it was completely clear. So I turned and of course I needed to know where I’m going so I looked to see if there were any pedestrians or a car that had not cleared the intersection."
Ardell then described the moment of impact and how she was unaware that her vehicle had been struck by a motor cycle.
"Just out of my peripheral vision I caught a flash and a bang.
"I turned to my husband and said ‘what in heaven’s name was that?’.
"He said ‘I’ve no idea’."
Ardell said she later told police that it was as if something had dropped out of the sky.
"I sat and said ‘Oh my God. Oh my God. I was just stunned. Then I realised it was a motor cycle.
"Eventually I opened the door. I was afraid to get out. I was afraid I would fall over."
Ardell and her husband (who was in court with their son) was later taken to her guest house with her husband and was interviewed the following day.
She refuted a suggestion by procurator fiscal that because it was a difficult manoeuvre she delayed making the turn to check there were no pedestrians or traffic to obstruct her passage and it was this delay that had caused the accident.
She replied: "No, I’m making sure before I start the turn nothing is coming towards me. It was a very smooth turn. Once I make the decision I’m not going back."
Ardell said she had travelled 500 miles in eight days in all sorts of circumstances and she had used the junction before.
"There was no reason for me to slow down."
In the aftermath of the accident she said: "I wake up every morning thinking about this. I go to bed every night thinking about this."
She said she had never at any time fought to return to come to the UK to face trial.
"I gave my word I would come back and it’s important to me that I came back."
The jury heard that the motorcycle being ridden by Mr Todd was a 1998 Honda Blackbird and was capable of speeds up to 180mph and could accelerate from 0-60mph in two-and-a-half to three-and-a-half seconds.
Retired Police officer John Hier (50), a trained collision investigator, said in his evidence he believed he had told PC Neil Macdonald another officer from the road policing unit involved in the investigation, that initially his conclusion was Ardell would not have been able to take avoiding action.
He said his initial thoughts were the motorcycle might have been behind street furniture (ie a bollard and traffic lights).
But then he saw a video showing a reconstruction using a police motorcyclist.
He said he revisited the scene and was comfortable from the tyre marks that the motorcycle was back on its own side of the road and Ardell would have been able to see Mr Todd.
The final witness for the defence is expected to give evidence on Thursday and the jury will retire to consider its verdict.
The trial continues.
