Driver's death a 'tragic accident', court hears
GLENVALE resident Christopher Pitt has told a court of the moment he saw a truck and a Ford Festiva sedan collide on North St which fatally injured the car's driver.
Mr Pitt told Toowoomba District Court he had just dropped off his utility at Carbrite on the corner of North and Davidson Sts in North Toowoomba about 11am, October 30, 2012.
He was standing on the footpath and had looked west along North St to see a JJ Richards waste truck making its way east up the hill on North St.
He had then noticed a green Ford Festiva sedan heading west on North St, he said.
"For no reason at all it (truck) veered to the right," he said.
The truck struck the Festiva, pushing the car into a power pole on the footpath, before continuing on through a fence and into a tree.
Mr Pitt crossed the road to find the truck driver, Donald Shane Bosworth, 52, unconscious and slumped through where the windscreen had been and over the truck's bonnet.
The driver of the Ford, Michael White of Centenary Heights, 50, died at the scene of the accident.
Bosworth has pleaded not guilty to a charge of dangerous operation of a motor vehicle causing death.
His barrister Robbie Davies told the jury the defence contended the incident was a "tragic accident" and submitted no criminal law had been broken.
However, in his opening address to the jury, Crown prosecutor Noel Needham said the Crown case was that in passing over to the wrong side of the road, Bosworth's driving had been "objectively dangerous" and that he had failed to exercise the care and the skill required at the time to keep the truck in its lane.
Mr Needham said both vehicles were found to have been mechanically sound and that Bosworth was not fatigued at the time.
The trial before Judge David Reid will continue today.