RYAN ANDERSON/STUFF
Daljinder Singh, left, stands with an interpreter at the Auckland District Court, where he is on trial charged with careless driving causing death.
A pedestrian's decision to cross a road was the "primary causative factor" in the crash that caused his death, a court has heard.
Dr Tim Stevenson is a forensic engineer and was called as an expert witness for an Uber driver, on trial for careless driving causing the death of Daniel Kopa.
Singh was driving his Toyat Prius in lane four of Auckland's busy Hobson St when he crashed into the father of four in June 2017.
Kopa was taken to hospital but died three days later.
Giving evidence at the Auckland District Court on Tuesday, Stevenson concluded Singh was likely to be driving at 45.5kmh in the 50kmh zone.
The 26-year-old had just driven through the Wellesley intersection and was planning a left-turn onto Cook St when he hit Kopa.
Stevenson studied police reports and the CCTV footage and concluded Kopa was thrown over 15m.
He said Singh had failed to see Kopa as a hazard and the collision could have been the result of inattention.
Stevenson said Singh failed to spot Kopa before the crash.
However, after acknowledging Singh's failures, Stevenson went on to conclude "... the primary causative factor in this fatal crash is Mr Kopa's decision to cross the road heedless of traffic".
Dr Stevenson also believed Singh had spotted Kopa moments before the crash and was in the process of breaking.
Under cross-examination from police prosecutor, Sergeant Phil Mann, Stevenson confirmed that Kopa would have been visible to Singh for 6.7 seconds before the fatal crash.
The Sergeant asked: "Mr Kopa was there to be seen?"
Stevenson agreed.
He also agreed that despite Kopa wearing dark clothing, he was clearly visible in the CCTV footage that captured the crash.
Daniel (Dann) Kopa with his wife Calli Cleland and his children Harper, Zoey, and twins Eden and Charli.
Earlier, the court heard from Police senior constable Paul Hayward, a crash expert.
Hayward agreed with Judge Peter Butler's suggestion that neither Singh nor Kopa saw each other until it was too late to stop.
Hayward made a series of calculations and determined that the front lefthand pillar and registration stickers on Singh's windscreen would not have created a blind spot for the driver.
Kopa's widow Calli Cleland chose to leave the courtroom shortly before Hayward played a CCTV recording of the crash, captured by cameras at the Auckland City Mission across the road.
It showed Kopa crossing Hobson St. At first he strolled out into the roadway before he began jogging.
Kopa made it to lane four but was struck by Singh's silver Toyota Prius.
He went onto the bonnet before crashing into the windscreen. He was flung up in the air before he landed in the roadway.
His shoes were blown off his feet by the collision and landed about 10 metres away, on the other side of the road.
Hayward described the road as dry with good visibility.
"It seems to me, this is a tragedy where the driver and the deceased did not see each other and my viewing of the CCTV footage reflects that," Judge Butler said.
Hayward responded: "I totally agree. This is a totally unfortunate situation."
ROCHELLE DAVIDSON
Kopa's twins were just 8 months old when he died.
The court has also heard from Constable Joseph Gaffney.
He was the first police officer on the scene and parked his patrol car across the one-way road to protect Kopa.
Gaffney said Kopa was unresponsive.
Two minutes later, ambulance officers arrived.
Gaffney interviewed Singh a short time later and read from Singh's statement in court.
Singh told Gaffney he had been an Uber driver for four months.
He was driving his Toyoya Prius and dropping off his fourth client that morning.
He said he was preparing to turn right from Hobson St onto Cook St when a man ran out in front of him.
"I did not expect anyone to run in front of my car. It happened very quickly, in a blink of an eye."
ROCHELLE DAVIDSON
Kopa and Cleland had been together for 17 years.
Singh had no alcohol in his system and said he was driving at less than the 50kmh speed limit.
He said he was scanning both sides of the road when the crash happened.
SIngh said he hit Kopa near the elbow area. Kopa went over his bonnet, collided with the windscreen and landed on the road.
"He had not moved. The male was bleeding from his nose and not saying anything."
Singh told police an off-duty firefighter and doctor were on Hobson St at the time and stopped to help.
Kopa was breathing but he was unresponsive.
He was taken to Auckland City Hospital by ambulance in a serious condition.
Evidence from doctor James Black showed Kopa had a severe brain injury and was declared brain dead.
He died three days later.
The engineer left behind four daughters, including twins who were 8 months old when he died.
Judge Peter Butler has reserved his verdict. He told the court that he would need time to consider the expert evidence but would deliver his verdict on Thursday.
