HGV driver killed sleeping woman after mistaking her for 'bin bag and duvet'

Alec Kieran, 52, was delivering to Spa shops around Merseyside when he tried to turn left from Scotland Road onto Wilbraham Street in Everton, and into the petrol station forecourt

A HGV driver who fatally hit a sleeping woman with his lorry claimed he mistook her for a "bin bag and a folded duvet".

Nicole Cummings, 24, was sleeping rough outside the Shell garage on August 10 last year when she was struck by Alec Keiran as he drove onto the pavement in his Volvo truck. The 52 year old, from Bamber Bridge, was delivering to Spa shops around Merseyside when he attempted to turn left from Scotland Road onto Wilbraham Street in Everton, and into the petrol station forecourt at about 8.30am.

Prosecutor Philip Asprey, speaking at Liverpool Crown Court yesterday (September 26), said: "He knew this was to be a tight manoeuvre. The turn was more difficult because an Audi had parked on the pavement immediately on the side of the forecourt entrance, to the off-side of the defendant's vehicle, and as he started to turn the defendant saw what he believed to be a bin bag and a folded duvet on the pavement to his near-side."

"On checking his mirror and avoiding the Audi and the shop itself, it's clear the near side of the vehicle would cut across the pavement and over that which he had seen. The defendant informed officers he was aware he would be mounting the kerb and cutting across the pavement, and later said: 'If it's a wheelie bin or anything like that, it's going to move if the trailer gets too close. It's just going to move out of the way'.

"Tragically, that which the defendant had seen was not refuse, but the victim, Nicole Cummings. She was asleep on the ground and the rear wheels of the vehicle passed directly over her, causing catastrophic injuries.", reports Lancs Live.

Nicole was pronounced dead at the scene. A post-mortem ruled her cause of death was "multiple crush injuries to the neck, head and chest", according to the ECHO. In a heart-wrenching statement to Keiran, Nicole's devastated mother Vanessa Thompson expressed: "The day you took my baby girl away from me was the day my world stood still."

"Why did you do that? My other children are also forever broken and we'll never get over what you did to us as a family. That day you broke me and us into a million pictures that we will never heal from. Nicole was my first daughter."

"She was my little bundle of joy and like any parent I wondered what she would be like when she grew up. I'll never know now because you took that from me. I miss her smile, I miss our daily chats, and I miss her arms around me. Most of all we just miss having her in our lives. Our world without her is dark and lonely place because of what you have done."

Eyewitness Robert Stewart recounted the horrific incident when he saw Keiran's vehicle make the fateful turn onto the street where Nicole lay sleeping. Mr Asprey relayed: "He was struck by how tight the turn was and he was expecting the lorry to stop."

"He could see Nicole on the pavement and what was about to happen. He forcefully sounded his horn, but to no avail, and he saw the wheels go over Nicole." Keiran, without prior convictions, admitted to causing death by careless driving. It was revealed in court that the 53 year old's lorry had cameras, which would have shown a clear image of Nicole sleeping on the ground if he had used his indicator while turning.

His employer had previously given him a risk assessment for the location, cautioning: "Busy forecourt with cars and customers in the area. If in any doubt, get out of the vehicle and check the surrounding area."

Defence lawyer John Dye expressed that Keiran was filled with regret, saying: "In hindsight he would have got out of the vehicle. In hindsight he would have changed everything. He's absolutely devastated. Devastated not for himself, but for what he has put the family through."

Dye further commented on Keirans character: "He's a man of good character. He was immediately remorseful for what happened, cooperative with police, a full, clean driving licence. It's indicative how well he's thought of that he no longer drives for this company - he hasn't driven since this happened - but has kept on there in a different role."

Judge Neil Flewitt KC reflected on Nicole's life, stating: "Nicole Cummings was only 24. She was, at the time, going through a difficult phase in her short life. She clearly had a problem with drugs and she was homeless and sleeping rough. None of these issues makes her life any less valuable or her death any less tragic."

The judge, who also sentenced Keiran, of Daisy Meadow in Bamber Bridge, to one year in prison and a one-year driving disqualification, said: "She was a loved sister, daughter and granddaughter. She will be sorely missed by her siblings, parents and grandparents, from whom I have heard moving statements speaking her their devastation of her loss."

Her devastated dad explained how Nicole had moved to Liverpool and her family had no idea she was sleeping rough until the day she was killed. The 24 year old, whose nickname was "Nicky Noodles", was remembered by her family for her kindness, generosity and love of music and art.

Christopher said: "12 months before Nicole died, she was in hospital for some time, quite poorly. I was with her almost every day." He added: "While there, she made me a Father's Day card, and even though she was in a lot of pain she still managed to make it for me. This card means so much more to me now as it's the last card I ever had from her. I miss my daughter so much and nothing will change that. Will the impact of losing her ever get easier? Only time will tell. It's been a year now, and it still feels like yesterday."

Her grandmother Julia Cummings shared: "The day our son told us Nicole had died, we felt numb. We just couldn't take it in. We pray she never felt anything, to think otherwise is unbearable. The pain doesn't go away. You think about her from first thing in the morning until last thing at night, when you go to bed with tears running down your face. There are just memories of Nicole now."

Keiran was sentenced to 12 months behind bars for causing death by careless driving and received a subsequent 12 month driving ban which will start upon his release.