Man receives suspended sentence after causing serious injury by dangerous driving in supermarket car park

A man has been given a 16 month sentence, suspended for two years after pleading guilty to causing serious injury by dangerous driving following a road traffic incident in Bursledon in December 2021.

Malcolm Rogers, 79, of Kathleen Road in Southampton has been sentenced after he seriously injured two pedestrians during an incident in the car park of the Tesco Superstore on Hamble Lane on Wednesday 1 December 2021.

The court heard how Rogers had parked his automatic Ford Mondeo in a drop off bay outside the supermarket at around 3pm and proceeded to exit his vehicle to assist with loading shopping into the car. Yet in doing so, Rogers failed to adequately secure the vehicle or realise he had in fact engaged the reverse gear. Upon getting out, the car began to creep slowly backwards, owing to its automatic transmission.

As Rogers realised that the vehicle was moving, he attempted to get back into the vehicle and apply the brake pedal in order to stop it rolling further.

Unfortunately, he misapplied pressure to the accelerator rather than the brake, resulting in the vehicle reversing at speed, knocking a pedestrian – a 76-year-old woman – to the ground and causing her life-changing injuries to her leg.

The vehicle continued to travel backwards at speed, in an out of control manner, before striking two bollards and then a second pedestrian – a 32-year-old woman – who was walking nearby.

She became trapped under the vehicle for a period of time before being freed by Hampshire & Isle of Wight Fire and Rescue Service. This victim also suffered life-changing injuries following a traumatic brain injury as a result of the collision.

Appearing at Southampton Crown Court yesterday (26 July) Rogers was received a 16 months prison sentence, suspended for two years. He was also disqualified from driving for two years and will be required to pass an extended re-test.

In passing sentence, the judge suggested that the decision for a suspended sentenced was based on no prior history of poor compliance, a realistic prospect of rehabilitation and the fact that Rogers would have learnt a very serious lesson – now being the sole carer for his partner who was seriously injured as a result.

The impact on the other victim – her injuries grave and the effects long lasting – was also taken into consideration as part of the sentencing. In a victim personal statement read out to the court in relation to the other victim, she saw it as simply ‘a horrible accident’.

Senior Investigating Officer, PC Paul Morrison of the Roads Policing Unit, said: “This case sadly highlights the dangers, and consequences, of poor road safety and basic vehicle discipline when in a public place.

“Two people suffered life-changing injuries on that fateful day – of which they are still coming to terms with today and learning to navigate day-to-day life. While the driver must now live with the consequences of his actions.

“However, this could have been avoided.

“We want to remind drivers of the importance of ensuring that when the park their vehicles, even on a level surface such as in this case, they secure it by applying the handbrake and in the case of those with an automatic gearbox, engaging park.

“If the vehicle is not placed into park and the handbrake applied, it can result in the vehicle ‘creeping’ either forward or backwards depending on what gear has been selected. Drivers also need to ensure the ignition is switched off. As demonstrated by this tragic case, in not doing so, serious injury can be caused to other road users or pedestrians.”