Wigton man jailed for nine months for causing death by careless driving

A man from Wigton has been sentenced at Carlisle Crown Court for causing death by careless driving following a collision on A596 at Micklethwaite in March 2021.

Shaun Hillary, 32, of Wigton was sentenced to nine months imprisonment and given a 30 month driving disqualification.

He was driving his BMW 330D on the A596 eastbound heading in the direction of Carlisle from Wigton when he collided with a milk tanker.

There were two others in the vehicle, which included Ben Law, 22, who was a front seat passenger and a rear seat passenger.

Ben, who was also from Wigton, died the following month as a result of the injuries sustained in the collision. The rear seat passenger also suffered serious injuries and Hillary sustained significant injuries himself.

An investigation into the collision by the Serious Collision Investigation Unit and a forensic collision investigator found that Hillary was driving between 76mph and 82mph on a 60mph stretch of road immediately prior to the collision as he was rounding a slight left-hand bend.

A milk tanker driver started to pull out of a farm lonning, to turn right onto the A596, and immediately braked when he saw Hillary’s BMW approaching from the right.

Hillary reacted to the presence of the milk tanker but lost control of his vehicle and collided with it side-on

Hillary was unable to stop safely within the distance he could see to be clear.

"Speed limits are not a target"

PC Tim Fowkes from the Serious Collision Investigation Unit said:

“Sadly, Ben lost his life due to the injuries sustained in the collision.

“Hillary was driving at between 16 to 22mph over the speed limit on his approach to the scene of the collision. Had he been travelling at the speed limit, it is highly unlikely that the collision would have occurred.

"Hillary made the decision to exceed the speed limit on that tragic evening. This decision increased the overall stopping distance of his vehicle and ultimately led to the loss of a young man’s life.

“We would urge people to drive responsibly at all times. Speed limits are not a target and must not be ignored.

“The ripple effect of Ben’s death has affected so many"

In her victim statement Ben’s mum said

“Our Ben.. I can’t call him my Ben because he was ‘our Ben’ to everyone who knew him.

“I loved Ben long before I ever met him, since I felt that first flutter I knew he was going to be special.

“He was loved by everyone who ever met him. I have never heard anyone say a bad thing about Ben– ever.

“People always comment on how polite, helpful, considerate, empathetic, accepting he was. His friends still honor and miss him.

“The impact from losing Ben wasn’t just on us, he left behind a sister. Her heart was broken that day too. When Ben was born he had two mothers, Chelsea doted on him. She couldn’t do enough for him. Their relationship wasn’t like your typical brother sister, they had an unbreakable bond.

“The ripple effect of Ben’s death has affected so many.

“There was no clearer evidence of this as there was on the day of his funeral. He was held in such regard by the community, they came together to give him the sendoff he deserved.

“The local shops and businesses closed so people could pay their respects. The streets were lined, people stood shoulder to shoulder, most of them wearing hats because they knew Ben loved a hat.

“In all my years of living in Wigton I have never witnessed such a turnout, I don’t think anyone else has. On one of the saddest days of my life I was filled with pride, that my 22-year-old son had had such an effect on so many people, my baby boy was classed as 1 of Wigton’s legends, a title that isn’t easily achieved.

“I can’t even begin to put into words the true impact that losing Ben has had on us as a family

“Ben you are missed beyond measure….”

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