Defence blames deceased for fatal Lækjargata crash

The defence lawyer for a man charged with negligent homicide over a fatal crash on Lækjargata in September 2023 has asked for his acquittal, arguing that the deceased caused the collision, mbl.is reports. The lawyer said the accused had not been negligent or committed a criminal offence.

At a hearing at Reykjavik District Court on Thursday, the defence said the van driver had entered Lækjargata despite a bus blocking his view of traffic. The driver should have recognised the danger, the lawyer argued, but drove in front of the telescopic forklift.

The lawyer also said amphetamine had been detected in the deceased man’s blood and might have affected his judgement. He cited findings by the Transportation Accident Investigation Board that the van driver had failed to yield and was unfit to drive. The board’s report identified driving under the influence of drugs as the main cause of the crash, with failure to yield and driving in front of the machine as contributing causes.

The defence rejected the prosecution’s claim that the forklift’s forks were 70 centimetres above the ground before the crash or that its boom obstructed the accused’s view. The lawyer said the accused had been driving slowly and taking great care at the junction. Case records put the forklift’s average speed at about 22 kilometres per hour.

When the van suddenly moved in front of the forklift, the accused braked hard and involuntarily moved the machine’s joystick, the lawyer said. He cited evidence suggesting the forks had been almost horizontal until about a second before impact, when the joystick movement raised the forks and boom. The forks may also have moved during the collision, he said, arguing that the accused should not be held responsible for an involuntary reaction to an imminent crash.

The lawyer said there were no specific rules governing the height of forks on this type of telescopic forklift, and that they should be kept high enough to avoid hitting the road. Earlier in court, the accused said he normally aimed to keep the forks about 20 centimetres above the ground while driving and believed he had done so on the day of the crash.

The defence also opposed the prosecution’s request for a six-month driving ban.