Careless Driving causes death of Somerset farmer

A fireman has admitted causing the death of Harold Lee, a Somerset farmer.

Mr Lee suffered fatal injuries when his herd of 100 dairy cows stampeded after being spooked by fire engine sirens as they were being walked to their milking parlour from a nearby field.

The fireman, who was responding to an emergency call at the time of the accident, pleaded guilty at Exeter Crown Court on 14 December 2010 to causing the death of Harold Lee by careless driving. He was also charged with manslaughter and causing death by dangerous driving, but the lesser charge of careless driving was accepted by the prosecution.

Flora Wood, partner and head of personal injury at Ashfords LLP, said: "This case confirms the fact that even those working in emergency services and responding to urgent situations have a duty of care to other road users.

"The case can be compared with emergency vehicles who cause accidents whilst travelling at excessive speeds, or failing to apply sirens or carry out proper checks when crossing junctions against traffic light signals.

"Both criminal and civil liability can apply to these situations. In civil law, the duty of care required of a driver of an emergency vehicle is not to proceed in a manner likely to endanger any person or cause them to change their speed or course of direction. In this tragic case the fireman appears to have failed in that duty."

 Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.