Birmingham death crash car’s tyres under-inflated

Oct 10 2009 by Ross McCarthy, Birmingham Mail

A POLISH man was driving too fast in a vehicle which had under-inflated tyres when he caused the death of a pedestrian who he struck on a road in Birmingham.

David Fogarty, who had been out celebrating his 48th birthday with his partner, died the day after the collision on Chester Road in Erdington.

Judge Peter Ross said: “The consequences were horrendous. A man has lost his life and other lives have been shattered.”

He said, though, he accepted the driver had tried to help Mr Fogarty after the collision.

Piotr Urbanik, 38, of Friary Road, Handsworth, who admitted causing death by careless driving, was given a one-year community order and ordered to do 200 hours’ unpaid work.

He was also banned from driving for 18 months and ordered to pay £400 costs.

Peter Grieves-Smith, prosecuting at Birmingham Crown Court, said on February 11 Urbanik, who was due to start work at 10pm, had been driving a people carrier and had previously picked up three people from Luton Airport.

He said Mr Fogarty’s partner crossed the road ahead of him and heard him call her name.

“She turned and saw the deceased being struck by the defendant’s car, almost landing on the roof. He flew into the air and landed in the middle of the road.”

Mr Fogarty, from Littlecotes Drive, Erdington, died from multiple injuries.

Mr Grieves-Smith said Urbanik’s minimum speed had been 39mph in a 30mph limit. All the vehicle’s tyres were under-inflated, one only half the pressure it should have been.