‘So inadequate’: Distracted driver fined $12,500 for crash that killed cyclist Brian Woods

The distracted driver who struck and killed cyclist Brian Woods on the Mountain must pay a $12,500 fine and perform 100 hours of community service after pleading guilty to careless driving causing death.

That penalty is simply not enough, said several grieving friends and family members in court Monday.

Put yourself in their shoes," said David Shellnutt, a lawyer acting on behalf of some of Woods' children. You hear that (fine) amount, some community service, and you've just lost your father? I think that would feel so inadequate to most people."

Woods, 52, was cycling to work on Upper Wentworth Street near the Linc overpass when he was fatally struck from behind by a van early on the morning of July 5, 2022. He was one of a dozen vulnerable road users - like cyclists or pedestrians - killed on Hamilton streets last year.

On Monday, Marco Ferreira, 47, pleaded guilty to a non-criminal charge of careless driving causing death in Hamilton provincial offences court.

According to an agreed statement of facts, the van driver was not speeding or impaired, but he told police he was looking for his cigarettes" at the time for the collision.

Woods would have been visible in the morning light, was cycling in the appropriate lane and was wearing a reflective backpack, said Crown counsel Rose Branton. Mr. Woods was doing everything correctly," she said. This was inattention (by the motorist), and it was inattention that was entirely avoidable."

Through a lawyer, Ferreira said he was deeply remorseful," expressed condolences to the victim's family and friends and expressed hope that down the road" they would be able to forgive him. There is no doubt that the result of this will have a lifelong impact on all parties involved," his lawyer said.

Justice of the peace Daniele D'Ignazio accepted a joint submission calling for the $12,500 fine, 100 hours of community service, remedial driver training and two years probation that includes a ban on driving unless it is to the GO station.

Court heard victim impact statements from friends and family members - several of whom expressed frustration with the sentence.

Wife Jennifer Woods broke down in tears as she described the loss of her best friend of 37 years."

I am empty, lost, angry and overwhelmed with emotions," she said, addressing the van driver.

Why did you not see him? ... I just don't understand. Every day I wake up hoping, wishing this was a nightmare. But no, this is my reality."

Woods had four children and four stepchildren, several of whom submitted statements in court.

All are struggling with feelings of anger and helplessness, said Amanda Strong, Woods' eldest daughter. He didn't deserve this - and neither did anyone he left behind," she told the court.

Strong thanked Hamilton cyclists and residents who organized a ghost bike" memorial for her dad.

As wonderful as this is, this shouldn't be necessary," she said. If it is illegal for cyclists to ride on the sidewalk, why is it so dangerous for them on the road?"

In his statement, Erin Woods called his dad his best friend. I feel the charges are not enough for the loss that we suffered," he wrote, an opinion later echoed by family friends.

Shellnutt suggested the courts are hamstrung" by current Ontario laws governing penalties for non-criminal charges laid when a collision victim dies or is seriously injured.

Careless driving is a charge laid under the Ontario Highway Traffic Act when a motorist drives without reasonable care or attention." Dangerous driving or criminal negligence - when a motorists shows reckless disregard" for public safety - are more serious charges under the criminal code and can result in jail time.

Shellnutt said two different provincial governments have considered, but so far not enacted, versions of a vulnerable road users' bill designed to hold drivers more accountable.

He said default sentences should include non-negotiable," long-term license suspensions, mandatory driver retraining and community service related to road safety, for example. Killing someone with your vehicle should end your driving privileges for a long time," he said.

Matthew Van Dongen is a transportation and environment reporter at The Spectator. mvandongen@thespec.com