Killer motorist Neil Pemberton was a “prime example” of why eyesight self-certification for driving licences does not protect road users, a coroner has said.
Pemberton, 81, was jailed for 32 months for causing the death of Peter Westwell, 80, by dangerous driving in Langho, near Blackburn, Lancashire, on March 17 2022.
Pemberton, described as almost blind, had a long history of eye disease and was informed on several occasions by different clinicians that he should not drive, the inquest of Mr Westwell heard.
He also repeatedly failed to declare his sight deficit on multiple licence applications to the DVLA.
However, when giving evidence to HM Senior Coroner for Lancashire Dr James Adeley, Pemberton said he did not understand why he had pleaded guilty, that Mr Westwell had caused the collision by suddenly appearing in the road and that he had no eyesight problems.
The hearing in Preston was told Mr Westwell had been seriously ill during the Covid epidemic but had rebuilt his fitness and returned to his hobbies of hiking and salmon fishing.
He had driven for most of his life without a traffic endorsement to his name but due to difficulties with his own eyesight he surrendered his licence to keep other road users safe.
On the day of his death he left home dressed in a bright red jacket for a walk on a clear day.
As he crossed Whalley Road he was struck by Pemberton travelling in his Honda Jazz at 48mph in a 30mph limit and was thrown into the air and died from spinal column and chest injuries.
In March 2013 Neil Pemberton was told by a consultant ophthalmologist at Royal Blackburn Hospital that he should not drive and this was recorded in the medical records.
Six months later a specialist registrar in ophthalmology recorded telling him not to drive due to sight deficit in both eyes, although Pemberton told the medic he was not driving anyway.
Pemberton failed sight tests at a routine optician’s appointment in March 2016 but again stated he was a non-driver.
He went on to self-certify that his eyesight was sufficient for him to drive in licence applications to the DVLA in 2011, 2014, 2017 and 2020.
An expert optometrist told the inquest that Pemberton’s vision was “extremely poor” to the extent that it was “not far off the level required to be registered blind”.
Police told the inquest that had Pemberton been able to see Mr Westwell, even at the speed he was travelling, the collision would have been avoided by braking and steering.
Giving evidence at the inquest, Pemberton also claimed he had never misrepresented his sight difficulties to the DVLA and that he had never been informed by a medical professional that he was unfit to drive.
He also said he was only travelling at 30mph at the time of the collision.
At the request of his solicitors, Pemberton was assessed by a forensic psychiatrist before he gave evidence to assess if he was suffering from dementia but no signs were found although he had mild cognitive impairment but this did not affect his memory.
HM Senior Coroner for Lancashire Dr James Adeley said: “I conclude that Neil Pemberton shows no understanding of his responsibility for the collision causing Peter Westwell’s death and for which he was entirely responsible.
“Furthermore, Neil Pemberton appears capable of believing events contradicted by dash-cam footage and optometrist assessment, and is a prime example as to why self-certification for driving licences does not protect the lives of those on UK roads.”
Following the inquest, the family of Mr Westwell said: “He (Pemberton) had been repeatedly told by medical professionals for well over a decade that his eyesight was not good enough to drive.
“He chose not to listen to this advice and continued to drive.
“He lied to doctors, he lied to the DVLA.
“During this inquest he has also lied to the coroner and tried to put blame for Peter’s death on Peter himself.
“Ironically, Peter had reluctantly accepted that his own driving days were over after being persuaded by family members that this was the right thing to do due to his age and some medical conditions.
“Peter was a much loved brother, dad, granddad, father-in-law, uncle and friend.
“He is missed every day. The way he died was shocking, unnecessary and totally preventable.
“We have heard during this inquest of systematic failings that allow drivers with deficient eyesight to continue to drive by simply lying to the DVLA.
“We have heard statements from various independent experts that suggest that the problem of driving with substandard eyesight is much worse than what the authorities would like you to believe.
“It is evident that changes need to be made to the systems that allowed this to happen.
“We strongly urge the DVLA and the relevant bodies to do something urgently to address this matter.
“We also urge all drivers to take regular eyesight tests and follow any advice given, otherwise sadly further fatalities will inevitably happen.
“It could be your partner, parent or child.”
