A MOTORIST’S excessive speed caused the death of a friend affectionately known as “one of Wigton’s legends” when his car collided with a tanker on the A596 in north Cumbria.

Shaun David Hillary, a 32-year-old father-of two, was behind the wheel of a BMW 330D which left Wigton with Ben Law, 22, as a front seat passenger at around 8-40pm on Sunday, 21st March, 2021. Hillary’s then girlfriend — Mr Law’s cousin — was seated in the rear.

Hillary turned on to the A596 and within 450 metres, Carlisle Crown Court heard  on Friday (November 24) that he accelerated to what experts later concluded to be a speed of between 76 and 82mph heading eastbound.

As he did so, the driver of a milk tanker was planning to emerge from a lane to Hillary’s left, with the intention of turning right, not stopping and using momentum to pull out and clear the junction quickly — an accepted practice.

Hillary’s speed was such that, as he braked, his vehicle spun anti-clockwise and into collision with the tanker. Dash cam footage captured the sickening impact and there were gasps as that was played in court.

Mr Law suffered an unsurvivable brain injury and died, 13 days later, in Newcastle’s Royal Victoria Infirmary. His cousin suffered a fractured pelvis and spent several days in hospital, as did Hillary, whose injuries included multiple fractures and a punctured lung.

Prosecutor Francis McEntee told the court: “Taking all other factors into account, it was the defendant’s excessive speed which was the most significant contributory factor to the collision.”

Mr McEntee added of Hillary: “He ended the life of one person and he caused significant injury to the other.”

Hillary admitted causing Mr Law’s death by careless driving. It emerged as he was sentenced today that the ABS system within the BMW appeared not to be working properly, and there had been previous dashboard warnings to that effect.

News and Star: Wigton Legend Ben Law aged 22Wigton Legend Ben Law aged 22 (Image: Newsquest)

Ben’s mother, Sarah Donnelly, bravely read a moving impact statement to the court on behalf of her family, saying to Hillary as he sat in the dock: “Look at me please, Shaun. Give me that little bit of respect.”

“The death of Ben has blown this once close-knit family apart,” she stated, recalling the huge outpouring of grief and respect on the day of her son’s funeral.

“My baby boy was classed as one of Wigton's legends — a title that isn't easily achieved,” his mother added. “The ripple effect of Ben's death has affected so many.”

"Our Ben.. I can’t call him my Ben because he was ‘our Ben’ to everyone who knew him.

“I loved Ben long before I ever met him, since I felt that first flutter I knew he was going to be special.

“He was loved by everyone who ever met him. I have never heard anyone say a bad thing about Ben– ever.

“People always comment on how polite, helpful, considerate, empathetic, accepting he was. His friends still honor and miss him.

“The impact from losing Ben wasn’t just on us, he left behind a sister. Her heart was broken that day too. When Ben was born he had two mothers, Chelsea doted on him. She couldn’t do enough for him. Their relationship wasn’t like your typical brother sister, they had an unbreakable bond.

“There was no clearer evidence of this as there was on the day of his funeral. He was held in such regard by the community, they came together to give him the send-off he deserved.

“The local shops and businesses closed so people could pay their respects. The streets were lined, people stood shoulder to shoulder, most of them wearing hats because they knew Ben loved a hat.

“In all my years of living in Wigton I have never witnessed such a turnout, I don’t think anyone else has. On one of the saddest days of my life I was filled with pride, that my 22-year-old son had had such an effect on so many people, my baby boy was classed as 1 of Wigton’s legends, a title that isn’t easily achieved.

“I can’t even begin to put into words the true impact that losing Ben has had on us as a family  

“Ben you are missed beyond measure….”

Mark Shepherd, mitigating for welder Hillary, said he, too, had been affected very deeply by the tragedy. “That is a burden he will have to carry for the remainder of his days,” said Mr Shepherd.

Judge Nicholas Barker imposed a nine-month prison sentence and concluded the offence was so serious it should be served immediately.

“Had you driven at or less than the speed limit, this collision would not have happened,” said the judge. “Ben Law’s death was caused because you were going too fast. It is as simple as that. Sad and tragic are the consequences.”

Hillary, of Thurston Drive, Wigton, must serve a 30-month driving ban when released from custody.

PC Tim Fowkes from the Serious Collision Investigation Unit said “Sadly, Ben lost his life due to the injuries sustained in the collision.

“Hillary was driving at between 16 to 22mph over the speed limit on his approach to the scene of the collision. Had he been travelling at the speed limit, it is highly unlikely that the collision would have occurred.

Hillary made the decision to exceed the speed limit on that tragic evening.  This decision increased the overall stopping distance of his vehicle and ultimately led to the loss of a young man’s life.