A 40-YEAR-OLD man's momentary lapse in concentration led to a head-on crash in which his brother was nearly killed.
Scott Bellamy turned up at the court on Friday, (October 6) knowing jail was a possibility in his case.
Ben Close, prosecuting, said on the morning of November 1 last year a tree came down onto the A443 Worcester Road - not far from Witley Court in Great Witley - with the area blocked off with cones.
Temporary traffic lights were then put up in the section, operating to allow workmen to clear the tree.
The court heard, at 11.10am, a lorry waited before going on green lights through the section which had been reduced to one lane.
But approaching from the other direction was a Vauxhall Vivaro van, driven by Bellamy into the lorry's path, leading to the crash.
Footage taken from the dashcam of the lorry was shown to the court which showed the impact of the crash had been to the passenger side of the van.
"The lorry driver was described as being visibly distressed," the prosecutor said.
"He was saying 'What could I have done'."
Mr Close said sitting in the passenger's seat was Bellamy's brother Darren.
The victim was knocked unconscious and it took 90 minutes for emergency services to extract him from the vehicle, before he was flown by air ambulance to hospital.
The court heard the victim suffered fractures and a bleed to the brain before later being put in an induced coma for a month.
The victim was still in hospital in February this year, three months later.
The prosecutor added Bellamy had denied dangerous driving but had admitted the alternative offence of causing serious injury by careless driving.
Mr Close added among Bellamy's previous convictions was an offence of drink driving in 2006.
Glen Cook, defending, explained Bellamy had a "momentary lapse of concentration" and "pedal confusion".
He said this led to him taking "evasive action" to avoid hitting the car, a BMW, in front but caused the crash with the approaching lorry.
Mr Cook said the victim had not supported the prosecution and what took place had made the bond between the brothers closer.
The barrister added the defendant owned a plumbing firm and among its employees was his brother, who was now back working after recovering from his injuries.
Judge Nicholas Cartwright said although it was fortunate the victim recovered "better than expected" he found Bellamy had been "distracted" before causing a crash which led to his brother being seriously injured.
But the judge decided the offence did not cross the custodial threshold, giving Bellamy an 18-month community order which requires he complete 200 hours of unpaid work.
Bellamy, of Gilbertstone Close, Redditch, was disqualified from driving for a year and told to pay costs of £425.
Police appealed for witnesses and said in their statement: "A silver Vauxhall Vivaro van collided with a lorry on the A443 between Little Witley and Great Witley, near to the junction for Witley Court.
"The van passenger, a 39-year-old man, was taken to the Queen Elizabeth Hospital, Birmingham, where he is being treated for a life-changing head injury. No other injuries were reported."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here