A 29-year-old man from Alkmaar appeared in court on Tuesday, November 18, accused of causing a fatal accident on April 15, 2023, in which a five-year-old girl died. The man was riding a motorcycle and collided with a cargo bike carrying the girl. She was thrown from the cargo bike and seriously injured. She eventually died from her injuries.
The public prosecutor began her indictment by reflecting on the great loss for the relatives. The girl would have turned eight this coming Friday. It is unbearable for family, friends, and acquaintances that the girl was suddenly taken from their lives by a traffic accident.
The prosecutor also highlighted the difficulty of cases like this: the deep sorrow of the victims family on one hand and a defendant who never intended her death on the other. He will carry the burden of causing a collision resulting in the death of a young child for his entire life.
What happened that day
That day, the girl had just been to swimming lessons, and her father was cycling home with her in the cargo bike. At one point, he wanted to turn left from Van Ostadelaan to Ruysdaelkade. Several cars waited behind him to allow the turn. The motorcyclist decided to pass the refuge island on the left, thus driving on the wrong side of the road past the stationary cars. He ignored a traffic sign indicating that traffic must pass the refuge island on the right side only. Then things went wrong: the suspect drove against traffic on the other side of the road and collided with the left side of the cargo bike. The girl was thrown from the cargo bike, despite being secured with a seatbelt (which broke due to the impact), and landed further on the road. She was rushed to the hospital and eventually died there after intensive care from fatal traumatic brain injury.
The prosecutor stated that it is established the suspect was driving on the wrong side and overtook where it was prohibited. Investigations also showed he was driving faster than the allowed 50 km/h. Several witnesses said the suspect accelerated sharply shortly before the collision. Camera footage also confirmed he was speeding. Finally, the victims final position and damage to the cargo bike indicate a high-impact collision. The suspect denies speeding.
The prosecutor said in court that the suspect drove irresponsibly fast. It was a Saturday, he was driving within the built-up area, and the road was fairly busy. Research shows the father on the cargo bike should have been visible to the motorcyclist from a distance and at multiple moments. However, he only saw the cargo bike at the very last moment. An emergency brake could not prevent the collision. Had he driven at 50 km/h, an emergency brake could have prevented the collision. Investigations show he drove over 70 km/h.
The Public Prosecution Service concludes the suspect did not adjust his driving behavior to the situation. Even though the cars in front of him slowed down, he did not.
Guilt for causing a fatal traffic accident and reckless driving
According to the prosecutor, it can be proven that the suspect is guilty of causing a fatal traffic accident.
The prosecutor also believes there was reckless driving.
Sentence demand
The prosecutor stated in court that if the suspect had followed traffic rules, this accident would not have happened.
He showed no responsibility for the safety of other road users. The prosecutor also considers that the suspect does not fully take responsibility as he refuses to admit speeding.
On the other hand, it is taken into account that although there was reckless driving, the suspect was not under the influence of alcohol or drugs nor using his phone. The Public Prosecution Service also considers the time elapsed; the hearing takes place 2.5 years after the accident, which is distressing for all involved. There is an exceeding of the reasonable term of eight months.
The Public Prosecution Service also takes into account the great emotional impact on the suspect. He will carry the consequences of his actions for life.
‘Determining an appropriate sentence in such a deeply tragic case is impossible, as no sentence can do justice to the fact that a young girl is no longer here,’ said the prosecutor in court.
She ultimately demanded 10 months unconditional imprisonment with deduction of two days pre-trial detention and that the man loses his driving license for three years with deduction of the year it has already been suspended.
