A mother and her daughter came out of nowhere and crossed the road after picking up pizza in Sydney's west before a collision that resulted in the five-year-old tragically dying in hospital, a jury has heard.
Rainy weather and poor light have been blamed by driver Abel Elias Lopez who faces criminal charges over the death of Alannah Sobolewski and significant injury to her mother Taylor Maddock after the impact at 7.15pm on March 17, 2021.
Mrs Maddock and her daughter were walking over a pedestrian crossing on Rooty Hill Road North in Plumpton after picking up pizzas from Domino's when they were hit.
Struck by a gold 2004 Toyota Tarago driven northwards by Lopez, Alannah was rushed to Westmead Hospital where she was pronounced dead later that evening.
Ms Maddock also received significant injuries to her leg, hip and back, requiring hospitalisation.
On Monday as a trial in the Parramatta District Court started, Lopez pleaded not guilty to two charges of dangerous driving occasioning death and grievous bodily harm.
Defence barrister Slade Howell said his client had slowed down before the pedestrian crossing but the rain, glare from oncoming traffic and inoperative flood lights above the crossing meant he did not see the mother or her child as they crossed.
The clothing worn by the victims, the colour of the background and other visual distractions were also to blame, Mr Howell told the jury.
"From his perspective, the impact happened quickly and they came from nowhere," he said.
Crown prosecutor Louie Christoff told the jury that it was dusk and sprinkling rain at the time of the collision but the street lights along the road were illuminated and vehicles were using their headlights.
Witness Aaron Wilson who was driving behind Lopez before the impact is expected to give evidence that he was travelling at the speed limit of 60 km/h and only saw the Tarago's brake lights come on after it hit Mrs Maddock and her daughter.
Speaking with police at the scene soon after the incident, Lopez claimed he was was already driving below the speed limit and was in no rush to get back home after Bible study.
He said he slowed down in anticipation of the upcoming crossing.
Mr Christoff said Lopez was driving dangerously because he did not decrease his speed before the crossing and failed to keep an adequate lookout for pedestrians walking onto the road.
"Those matters in particular give the accused's driving the quality of dangerousness," he said.
The trial in front of Judge Andrew Colefax continues.
