Cab driver found guilty for fatal accident
Published Saturday June 27th, 2009
Downtown | Taxi struck pedestrian in April 2008
A judge said it was clear that a pedestrian had the right-of-way when he was struck and killed by a cab in downtown Fredericton last year, and he found the cab driver guilty of driving without due care and attention.
Fredericton taxi driver Larry J. McKiel was turning left from York Street onto Brunswick Street at about 11:30 p.m. on April 23, 2008, when his van struck Mark Adams, 25, of Digby, N.S., who was attending university in the city at the time.
Adams was taken to the Dr. Everett Chalmers Regional Hospital and later transferred to the Saint John Regional Hospital with life-threatening head injuries. He later died.
McKiel was charged with driving without due care and attention and stood trial earlier this month.
A police accident reconstructionist told the court that the van was travelling at about 39-42 kilometres per hour when it struck Adams.
Judge Graydon Nicholas said Friday the evidence indicated the left-turn light had turned amber when McKiel made the decision to make a left from York Street onto Brunswick Street.
By the time he proceeded, though, Adams had a green walk light. The impact threw Adams back 14 metres.
"In my opinion, he (Adams) had the right to use the (crosswalk) at that moment," the judge said.
He found McKiel guilty as charged. Sentencing was set over to Aug. 24 to prepare a pre-sentence report and victim-impact statements.
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