So here we have an example where a man chose drive on the footpath to avoid hitting a bus. The result being he ran down a mother and a 19 day old baby yet it wasn’t his fault
A SYDNEY hearing into a man whose car struck a mother and baby has been told the accelerator of a woman's Lexus sedan got stuck under the mat, which is what he claims happened to his Lexus.
Margo James told Downing Centre Local Court today she was driving her 2000 model Lexus sports sedan through Sydney about 12 to 18 months ago when the accelerator failed to lift.
"I was shocked. I was frightened," Ms James said, adding the car rolled to the end of the road before she turned off the engine.
"All I knew was the engine was revving loudly and I was frightened."
Bryce James Wayland, 25, of Queenscliff, has pleaded not guilty to negligent driving occasioning grievous bodily harm to Emma De Silva and her 19-day old baby at St Peters in March last year.
Ms De Silva, 35, who was pushing her baby in a pram, suffered serious head injuries when she was hit by Mr Wayland's Lexus sedan.
Mr Wayland told police his accelerator pedal got caught under the floor mat and that he swerved to avoid a bus before mounting the kerb and hitting the mother and baby.
Ms James told the court when her accelerator got stuck under the mat, she was able to keep her car, a manual, under control by using the clutch.
She said she called her husband who told her to move the mat away from the accelerator.
"I reached down and I was able to pull the mat back," she said.
Her husband, Phillip James, told the court he examined the car later that night and saw the mat had come unhooked.
"From my knowledge of cars, and that car in particular, the only logical thing was that the mat was on the throttle," he said.
The couple said they had had no problems with their car since.
The hearing is continuing before Magistrate Graeme Curran.