Nova Scotia

Cape Breton teen not guilty in 2017 crash that killed 90-year-old woman

A teen driver in Cape Breton has been found not guilty of careless driving in a crash that killed a 90-year-old woman and injured her daughter.  

Driver, 17, was charged with careless driving in crash that killed Big Pond woman

A teen driver in Cape Breton has been found not guilty of careless driving in a crash that killed a 90-year-old woman and injured her daughter. (Tom Ayers/CBC)

A teen driver in Cape Breton has been found not guilty of careless driving in a crash that killed a 90-year-old woman and injured her daughter.    

The crash happened on Route 4, just outside Sydney, in June 2017.

The 17-year-old was driving a pickup truck with two of his friends. They had just picked up their report cards from a nearby high school. 

Evidence presented at court in Sydney pointed to a gust of wind that blew the papers across the windshield of the truck, diverting the driver's attention.

The driver told the court he noticed a car in front of him with its brake lights on but there was not enough time to stop.

He rear-ended the car, forcing it into the opposite lane, where it was struck by an oncoming vehicle.

Christie MacInnis was killed and her daughter, Bernadette MacNeil, was seriously hurt.

Evidence at the 17-year-old's trial showed the car driven by MacNeil was stopped, but did not have its turn signal on. 

Evidence also indicated the car went into the oncoming lane when it was hit, because its front wheels were turned to the left.

Brakes not working properly

An inspection of the teen's truck showed the pickup's rear brakes were not working, even though it had recently been inspected.    

In finding the teen not guilty, adjudicator Robert Crosby said the case did not amount to careless driving. Crosby said there was no way that the teen could have avoided the collision, even if his brakes had been working.   

He said there was no evidence of speeding or any other issues with the teen's driving.

He added the blowing papers caused only a "moment of inattention" and there was no departure from what would be expected of a "reasonable prudent" driver.