Taxi Driver’s Fatigue Leads to Fatal Accident in Mt Albert

A tragic incident in Mt Albert has resulted in the death of a pedestrian after a taxi driver, fatigued from long hours, reversed into a signpost that fell onto the victim. On June 19, 2022, Jason McEwan was walking his dog along New North Rd when the sign struck him, leading to fatal injuries. The driver, Kiflay Abera, had just completed a fare and was attempting to park when the accident occurred.

Abera’s vehicle not only hit the sign but also collided with another car, though the other driver sustained no injuries. Tragically, McEwan died at the scene. Following the incident, Abera pleaded guilty to careless driving causing death, resulting in a sentence of 230 hours of community service and an 18-month driving disqualification.

Details of the Incident and Legal Proceedings

Court proceedings revealed that Abera had worked over 16 hours on June 17 and 14 hours and 39 minutes the following day. On June 19, the day of the crash, he did not adhere to the mandated break period for drivers holding a transport service licence. Instead of the required 10 hours, Abera resumed work after just eight hours and 39 minutes of rest before the accident.

During the sentencing, Judge Belinda Pidwell emphasized that this was not merely a momentary lapse in attention. She stated, “This was a decision to drive outside of the boundaries of his permitted licence, those boundaries specifically imposed by law to prevent exactly what has happened on this occasion.” Abera was ordered to pay $10,000 in reparations to McEwan’s family and another $10,000 to the driver of the other vehicle involved, whose car was rendered a total loss.

In a recent development, Abera appealed the length of his disqualification and the reparation amounts. His legal counsel argued that the incident represented a minor error in judgment, suggesting that Abera inadvertently put the vehicle in the wrong gear.

Outcomes of the Appeal

The appeal was heard by Justice Graham Lang, who noted there was no evidence to support the claim that Abera had mistakenly shifted gears. He characterized the incident as “a poor piece of driving caused by Mr. Abera accelerating the vehicle whilst it was in reverse.” Despite this, Justice Lang acknowledged Abera’s clean driving record and advanced age of 64 years, determining that he posed a low risk of future harm to road users.

Consequently, the disqualification period was reduced from 18 months to one year. The total reparations owed to both McEwan’s family and the other driver were also decreased to $5,000 each, based on Abera’s financial circumstances and the absence of a financial assessment during the initial sentencing.

Abera’s lawyer, Philip Hamlin, stated that Abera had participated in restorative justice sessions with McEwan’s family, during which he extended his condolences and apologies. Hamlin expressed hope that once Abera’s disqualification period was completed, he would return to taxi driving, which is his sole source of income.

He remarked, “He’s a law-abiding citizen; he just worked too long and made a terrible mistake, which he recognizes.”

Floral tributes and memorial posters were placed at the scene of the accident to honor McEwan, who was remembered as a cherished son, brother, uncle, friend, and dog owner.

The case highlights the critical issue of driver fatigue, emphasizing the importance of adhering to regulations designed to protect both drivers and pedestrians.