Hamilton man found guilty of careless driving in pedestrian death

A Hamilton man was driving carelessly when he struck two elderly pedestrians in a fatal late 2019 collision on the Mountain, an Ontario Court of Justice has ruled.

In a decision released May 10, justice of the peace Donald Duder found Scott Watson guilty of two Highway Traffic Act (HTA) offences - careless driving causing death and careless driving causing bodily harm - in connection to the Dec. 28, 2019, crash that left one dead and another seriously injured.

Court heard over a four-day trial last November that Watson was driving over the speed limit on Mohawk Road East when his Harley Davidson motorcycle collided with an adult son and his mother.

Berkley James Wood, 68, died in a Good Samaritan's arms as his critically injured 89-year-old mother laid motionless nearby, both spread out across three different lanes in the five-lane artery.

The pair were walking home from a routine trip to Food Basics with the assistance of walkers.

Court heard from several witnesses who testified that, just before the crash, Watson departed a stop line on Mohawk at a faster rate than other drivers and loudly revved the engine on his bike.

Watson, a professional tractor-trailer driver with two-decades' experience, testified in his own defence that he revved his engine to ensure the bike he borrowed from a friend was running properly. He said he was driving at the posted speed limit of 50 kilometres per hour - a claim later debunked by a Hamilton police collision reconstruction report.

The report found Watson had been travelling at least 57 km/h based on skid marks left by his bike, court heard, and applied his breaks less than a second before impact.

Watson testified he didn't see the pedestrians until just moments before the collision. He said he took evasive measures to prevent the crash, such as extending his right arm to keep the pedestrians away.

While it was dark at the time of the 5:30 p.m. collision - and the pedestrians, crossing a median, were jaywalking - Duder said in his decision that overhead street lights on Mohawk were functioning, the road surface was clear and there was no evidence of precipitation.

This was not momentary inattention but rather a too-relaxed approach to maintaining awareness of his surroundings and unfolding circumstances," Duder said. It may be that Watson was simply cruising' that day, but, while doing so, he missed far more than what is necessary to meet the standard of reasonable care and attention."

Duder noted he had no reason to believe Watson's actions constituted wanton disregard for human life.

Had that been the case, he may well have had to face more severe consequences."

Drivers convicted of careless driving offences under the HTA can face varying penalties, including a fine between $400 and $2,000, imprisonment for up to six months and a licence or permit suspension for up to two years.

Court will return for sentencing submissions June 21.

Sebastian Bron is a reporter at The Spectator. sbron@thespec.com