By Pranav Harish For Daily Mail Australia
03:33 19 Apr 2024, updated 03:45 19 Apr 2024
A driver of a garbage truck who ran down a kindergarten student while he was riding his scooter on a footpath has been fined $2,500 for the offence.
David Ross Williams pleaded guilty to careless driving causing bodily harm at the Perth Magistrates Court on Thursday.
Williams, 55, reversed his Veolia truck from a laneway next to a school in Scarborough, north-west Perth, at 8.13am on November 24.
The vehicle struck Jackson Fogarty while he was riding his push scooter, causing his mother to scream in horror.
John Fogarty, Jackson’s father, said Jackson spent a week in hospital because of his injuries and was confined to a bed for three days.
He said his son suffered a fractured shinbone and a spinal injury and spent two months in a wheelchair as a result of his injuries.
‘He wasn’t able to move. He had to lay there looking at the roof,’ he told The West Australian.
Mr Fogarty said the injuries have affected his son both physically and mentally.
‘He’s getting the help that he can at the moment, but this has affected his life forever,’ he said.
‘It’s just something that time will heal but it’s still occurred… it’s never going to go away.’
The prosecution argued in court yesterday that police had spoken to Williams after the incident but he refused to provide details about what happened.
While it was established that Williams did not intend to harm the child, the collision could have been avoided if more care had been taken.
‘It’s near a school – a little bit more due diligence was needed on this occasion,’ the prosecutor said.
Magistrate Donna Web acknowledged that Williams regretted his negligent driving, but said the incident could have been worse.
Williams was granted a spent conviction, which means a person convicted of a minor offence has served their time and the offender has been reformed.
He licence was disqualified for three months.
His lawyer Andrew Williams said his client was remorseful for committing the act and is unlikely to reoffend.
A spokesperson for Veolia told the newspaper, that Williams is currently not driving for the company and has been on leave since he first fronted court.
Daily Mail Australia contacted Veolia for further comment.
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