Driver charged after hitting six-year-old on Middle Street
A CHINCHILLA man has blamed the glare of the sun for hitting a child with his car at an infamous intersection in town.
Bradley Graham Smith appeared in Chinchilla Magistrates Court on June 27 and pleaded guilty to driving without due care and attention causing harm.
The court heard Smith was driving along Middle St when he hit and injured school girl, Wynter-Rose Elizabeth Farrah at a busy pedestrian crossing on June 4.
After the collision, Wynter-Rose was transported to Lady Cilento Hospital with head injuries but has since made a full recovery.
Dalby police prosecutor Sergeant Jodie Tahana said officers spoke to a witness from the scene who stated they were travelling behind the defendant when the accident occurred.
"This witness saw the two children step onto the pedestrian crossing and continue to walk across.
"The vehicle in front, being the defendant's vehicle, did not slow, brake or swerve before hitting one of the girls on the pedestrian crossing,” Sgt Tahana said.
"The witness did state at the time the sun was in her eyes and this was possibly a contributing factor and stationary witnesses gave a similar version of events.
"Police spoke briefly to the defendant on the roadside before he provided a negative breath test.
"He stated just prior to the crash he had been at the Chinchilla Medical Centre 50m east of the involved intersection. He then travelled west possibly doing 40km an hour, the sun was in his eyes and he did not see the pedestrian crossing while the children were on it.”
Sgt Tahana said there was nothing else distracting Smith while he was driving and his car was in sound mechanical condition.
"Mr Smith did tell police due to the sun being in his eyes he did reach up to pull down the visor just before the impact occurred,” she said.
"He was driving to conditions, if he was driving slower he possibly could have seen the children on the crossing in time.
"There was no malicious intent or any other contributing circumstances, however he should have taken more care. There's no other remarkable traffic issues or previous history on his record.”
Smith, who appeared sombre in the courtroom, said his story hadn't changed since the accident occurred.
"An early plea, I will take that into account,” MrCarroll said.
"I accept the sun was in your eyes and it was a difficult time to be driving.
"I'm not going to record a conviction, you're fined $600.
"I accept this is just one of those things that happens. I'm not going to deplore you or take your licence off you.”