Four killed in crashes involving drivers with poor eyesight - inquest

Beginning on Monday, April 7, senior coroner Dr James Adeley led a hearing at County Hall, in Preston, investigating the deaths of Peter Westwell, Grace Foulds, Ann Ferguson and Marie Francis Cunningham.

Mr Westwell, from Billington, was described by his family in a statement as a proud man who had undergone a long period in the hospital during the pandemic.

Damage to his own eyesight meant Mr Westwell gave up his licence, after receiving advice from his doctor.

His family explained the difficulty of this decision as he would no longer be able to go fishing in Scotland or climbing in the Yorkshire Dales.

He was deemed to be of good health and remained fiercely independent prior to his death.

The statement said: “He was very close to death, but he confounded all expectation to make a good recovery because he was so determined to go back home.

Peter Westwell was killed by a driver who should not have been on the roads (Image: Lancashire Constabulary) “He desperately wanted to go to Scotland, to go climbing into the Dales. He felt that through no fault of his own, his life had become tougher.

"To take away his car was one of the hardest things we had to do for Dad.”

Mr Westwell was killed on March 17, 2022, when he was hit by a car being driven by Neil Pemberton, of Brownhill Road, Blackburn – who was driving 48mph in a 30mph zone.

Mr Westwell died at the scene, having suffered a cardiac arrest upon impact.

The statement added: “Just because you think you can drive does not mean you are safe and legal to do so, it is a very selfish action to take as we sadly know.”

Evidence provided by Rachel Carberry, forensic collision investigator for Lancashire Constabulary, stated Pemberton would have had 4.6 seconds to see Mr Westwell when travelling at 46mph, three seconds fewer than if he had been following the speed limit.

This also would have given enough time for Mr Westwell to move out of the carriageway, and CCTV footage did not indicate the Honda Jazz Pemberton was driving attempted to brake before impact.

An eye assessment taken after the incident also found Pemberton was only able to read the number plate from a distance of 2.5m, significantly less than the DVLA’s standards of 20m.

It transpired he had been told nine years earlier he was unfit to drive due to his poor eyesight but selfishly carried on driving, lying repeatedly to the DVLA.

Mr Hilton, who represented the DVLA at the inquest, said the cause of the crash could have been excessive speed, but this was quickly dismissed by Dr Adeley.

Marie Cunningham was also killed by a visually impaired driver (Image: CPS) He said: “Pemberton brakes at the point of impact, and if he had been travelling at 30mph he still would have hit him.

“To accept the point it was at excessive speed is too simplistic. If he had been able to see the hazard, it may not have occurred, and he could have turned or gone around the obstacle."

Pemberton was sentenced to two years and eight months in prison in December 2023.

The court also heard of an incident in Whitworth involving 75-year-old Ann Ferguson.

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In this incident, Ms Ferguson was hit by Vernon Law, 72, who had been diagnosed a month earlier with two cataracts and was told he must wear either glasses or contact lenses whilst driving.

Grace Foulds, another victim of selfish drivers who carried on driving when unfit to do so (Image: CPS) One of the cataracts - cloudy areas in the lens of the eye that impair vision - was so extreme an optometrist said they had not seen anything like it in their 23 years of practice.

At a court hearing in February, they confirmed he had been referred for cataract surgery in both eyes and confirmed they had asked him if he was a driver, to which he replied he was not.

Law, of Clough Road, Bacup, was below the standard to drive and was only able to read a number plate from two metres away, and damage to the right-hand side of his car showed that if he had even reacted slightly and moved his vehicle, he would have missed Ms Ferguson.

He was jailed for a total of four years and disqualified from driving for the rest of his life.

Finally, the court heard the case of Marie Cunningham, 79, and Grace Foulds, 85, who were both struck by an Audi car in Lulworth Road in Southport.

Investigations showed the driver Glyn Jones, 67, of Blackgate Lane, Tarleton, suffered from an eye condition called keratoconus which had been diagnosed 10 years before.

He had been advised several times that his eyesight fell far below the legal standard to drive, but he did not stop driving and didn’t inform the DVLA or his insurers of his condition.

Jones was sentenced to seven years and four months imprisonment and was disqualified from driving.

A statement from the victims' families said: “This was a selfish and preventable act that should never have happened.

“The pain that this senseless act inflicted on the family is unimaginable and the trauma, grief and sadness that all we have left is the cherished memories we have.

“This tragedy was unnecessary and unwarranted and a disregard for the law and safety on the road, we are all living with this today.”

The inquest will run for nine days, with expert witnesses presenting evidence as the coroner examines concerns over inadequate driver eyesight regulations.