Fine for causing a fatal accident in Beilen with a horse cart. Court finds driver’s explanation unlikely after trace investigation

The man drove his car along the Sportlaan in Beilen on September 8, 2021. On the viaduct over the A28 he wanted to overtake a driving cart – a cart with two horses. The vehicles collided with each other. The 85-year-old horse driver was seriously injured and died a few days later in hospital from his injuries.

Unlikely explanation

The sixty-year-old initially only had to answer to the police judge, but at the insistence of the victim’s relatives, the case ended up in the multi-judge chamber. There three judges ruled on his case. They believe that the man’s explanation about the circumstances of the accident is implausible.

According to the driver of the car, the horse cart suddenly swerved to the left while overtaking, causing the two to collide. However, trace evidence by the traffic police shows that the man did not drive as far to the left as he claimed during his interrogation. A witness who saw the accident happen and confirmed the man’s story later told the police that he was not happy with the witness statement he had made because it contained errors. However, he did not want to make a new statement.

Irreparable suffering

According to the court, the trace investigation proves that the accident was the result of an error of judgment on the part of the man in his sixties. In doing so, he has caused “deep and irreparable suffering to the surviving relatives,” the chairman said. “No punishment can take away the pain and sadness, their lives will never be the same.” The man himself was also very affected by the accident.

Nevertheless, according to the judges, the man cannot be accused of carelessness or inattention. He is therefore acquitted for that offence. However, he made an error of judgment when overtaking. For that violation, the court sentenced him to a fine of 1,000 euros. He will not be given the two-month driving ban, which the public prosecutor also demanded.