Inquest
Head on crash driver had 'no choice' but to swerve

Buy photos » Dean Spalding, 27, was killed in a head on crash near Husbands Bosworth in December 2010. His mother Anne has urged the driver of a Volkswagen Golf seen driving recklessly near the scene to come forward. (s)

A MAN who swerved straight into the path of an oncoming car - killing his wife and the young man he crashed with - said he had no choice after a reckless driver overtook him before slamming on the brakes with just metres to spare, an inquest has heard.

Rudolf Meszaros told Leicester Coroners' Court his only option while driving along the A4303 Kilworth Road near Husbands Bosworth was to swerve out of the way of a Volkswagen Golf which pulled in front of him before suddenly applying the brakes with only two metres between them.

The court heard how Hungarian Mr Meszaros pulled his Volvo S60 out of the way believing the opposite lane was clear but instead swerved and smashed head on into a Ford Focus being driven by 27-year-old Lutterworth man Dean Spalding.

The force of the crash killed both Mr Spalding, of Woodway Road, and Mr Meszaros' 57-year-old wife Rudolfine, of Derbyshire, almost instantly on the afternoon of December 4 2010 at around 1pm.

Giving evidence to Coroner Lydia Brown through an interpreter, lorry driver Mr Meszaros said he was driving his wife, their daughter and grandson back from a shopping trip in Corby, Northamptonshire, and had himself just overtaken a slow moving truck when the Volkswagen appeared in front and began to brake.

"When the Volkswagen got in front I knew I wouldn't be able to stop if I braked. I pulled the car to the right. That's all I remember," he said.

"There was no obstruction in front and no reason for him to brake."

Mr Meszaros - who was driving within the speed limit at 50mph - added he swerved out of the way as he did not want to crash and damage his car since he relied on it for work.

Several witnesses to the crash confirmed the presence of the Volkswagen driving erratically on the road, and Det Cons Nicholas Bryan of Leicestershire Police told the coroner CCTV footage showed a white or silver coloured Golf there around the time of the accident.

But he added all lines of enquiry into identifying the car and its driver had been pursued and appealed for whoever was behind the wheel to come forward.

Accident investigator PC Rachel Marston said the evidence showed Mr Meszaros was on the wrong side of the road when he hit the car being driven by Mr Spalding, who was on his way to Market Harborough to go Christmas shopping at the time.

But she added: "There was no evidence to establish the manner in which this manoeuvre was completed."

Coroner Lydia Brown said she did not have enough evidence to record a verdict of unlawful killing on the part of the Volkswagen and instead declared both as accidental deaths.

She said: "I accept another car was involved that has never been traced. There is no question of any concerns over Mr Spalding's driving and I accept Mr Meszaros made a decision to leave his own carriageway in the belief he had to avoid a collision.

"I also accept the overtaking Volkswagen was the reason for him coming to that decision and I record there is evidence the driving of the Volkswagen was independently deemed that day to be dangerous."

Speaking afterwards, Mr Spalding's mother Anne and father Roy made a fresh appeal for the Volkswagen driver to come forward.

Mrs Spalding said: "I'm so upset for Dean. I know they can only go by the evidence they have but it is unjust. Our son Dean was totally innocent of what happened to him.

"We want the Volkswagen driver to come forward but we can't force them to do anything. Even if they just came forward so we can get a complete picture of what happened, that's all we want."