A lorry driver whose careless move on a roundabout near Carlisle caused the death of a keen and experienced cyclist has been sentenced — more than three years after the tragedy.
Mike Seminara, who was aged 71 and lived at Wetheral, lost his life while riding an electric bike along the A689, north west of the city, at around 10am on March 29, 2018.
Married father and grandfather Mr Seminara, wearing a high-visibility vest on an outing with two friends, was run over by the log-laden trailer of a lorry being driven by Neil Gass, now 48, as both were negotiating the Cargo roundabout.
Gass — travelling from Longtown to Workington — had entered the roundabout’s second exit junction and tried to overtake, assuming that Mr Seminara, just in front, was heading the same way.
But it transpired the cyclist, who entered the roundabout in the left hand lane, was planning to take the third exit.
Carlisle Crown Court heard Gass accepted making a careless assumption in a split-second about the cyclist’s planned route, starting an overtake believing he had enough room to pass.
Dashcam footage from a van following the lorry captured the fatal collision — seen by eyewitnesses — and the lead-up to it.Gass, of Prior Avenue, Canonbie, was acquitted by a trial jury of causing death by dangerous driving, which he denied.
He later admitted the lesser charge of causing death by careless driving.
A police expert was asked during Gass’s trial what the trucker could have done to avoid a collision, and replied that would have been to slow down and stay behind the cyclist, concluding it hadn’t been a proper place to overtake.
Members of Mr Seminara’s family were present at court as Gass was sentenced today.
A statement was provided Mr Seminara’s wife, Joyce, who said: “After being with Mike for 56 years I miss my husband every day.
“It is extremely hard on my birthday knowing that a week later it is the anniversary of his death.“This has been made even harder with the pandemic when we should have been at home isolating together, but instead I have had to go through this alone.”
Mrs Seminara added: “All the family have had a difficult time coming to terms with Mike’s death as he was always willing to help anyone and he had a great sense of humour. We are in a kind of limbo until there has been acknowledgement of Mike’s death with a form of justice, even though this will not bring Mike back or change anything.
“Mike lost his life because of a careless driver and I would like that to mean something.”
Giving evidence during his trial, remorseful Gass — an experienced HGV driver and father who was seen upset and shocked at the scene — described being so sorry and absolutely devastated by the tragedy.
He added of the tragedy: “That will live with me for the rest of my life, that decision. That’s something I will never get over. I won’t.”
He conceded: “I should have held back and waited.”
His barrister, Lisa Judge, said the impact on him since the fatal collision had been utterly dramatic, adding there were no winners at all in the case.
Recorder David Temkin QC said the case had brought untold sadness, saying: “No sentence of this court can reverse what has happened and everybody involved will, I hope, understand that I must discharge my public duty being fair to those on the prosecution side and those on the defence side. This is truly a sad case.”
Gass, he said, should have taken extra care towards a cyclist the judge concluded was a vulnerable road user.
A 12-week jail term was suspended for 18 months. He must complete a supervision requirement, an online driver awareness course and received a 15-month driving ban.
