Aletheia Yosaviera sentenced for negligent driving in Caringbah

A woman drove onto a pedestrian crossing where she hit a man, throwing him to the ground before she ran over his leg – which required surgery, metal rod and screws to fix.

Aletheia Yosaviera, 22, was driving in Caringbah when she struck a man as she proceeded through the crossing, throwing him to the ground before she drove over his right leg. Picture: Ashleigh Tullis

A university student drove through a pedestrian crossing where she hit a man then ran over his leg in an “entirely avoidable” incident at Caringbah.

Aletheia Yosaviera, 22, was sentenced in Sutherland Local Court after she pleaded guilty to negligent driving causing grievous bodily harm.

Agreed facts state Yosaviera was driving on Banksia Rd about 6.50pm on May 13 last year when she approached the intersection of the Kingsway.

She slowed to give way to traffic and stopped before the marked pedestrian crossing but as she watched traffic on the Kingsway, she slowly inched forward.

At the same time a man walked along the footpath and entered the crossing from Yosaviera’s left, believing she had stopped and was giving way to him.

Aletheia Yosaviera, 22, was sentenced in Sutherland Local Court this week. Picture: Ashleigh Tullis

Yosaviera struck the man as she proceeded through the crossing, throwing him to the ground before she drove over his right leg.

Yosaviera, her passenger and an off-duty nurse helped the man before paramedics took him to Sutherland Hospital with a fractured leg.

Yosaviera was convicted and fined $1000.

He spent a week in hospital and underwent surgery where a metal rod and screws were placed into his tibia.

The man had a month off work, another month on restricted duties and five months later still had pain in his leg, walked with a limp and couldn’t walk long distances.

At the time, Yosaviera told police she had not seen the man because she had been focusing on the traffic and said she was told by the man he had been looking at his phone when he crossed.

“Yosaviera was clearly focused on the traffic coming from her right however paid no regard to the pedestrian crossing to her left,” Magistrate Philip Stewart said.

“The fact the offender’s vehicle impacted with the victim and ran over his leg confirms that she was moving forward without having checked that it was safe to do so.

“This is a clear case of failing to keep a proper lookout. Yosaviera’s negligence at the relevant time was high, falling far short of what ought to be expected of a reasonable and prudent driver. The incident was entirely avoidable.”

Yosaviera was a P2 driver at the time and only had one speeding matter on her traffic record, with no criminal history.

Yosaviera’s lawyer Lee Ting submitted his client should not be convicted so she could avoid a disqualification because she needed her driver‘s licence.

Mr Stewart accepted Yosaviera was remorseful, noting her letter which said she felt distraught that she “didn’t do that one last glance of the pedestrian crossing”.

Mr Stewart took account of Yosaviera’s fragile emotional state since the collision, and that she felt extremely guilty about hurting someone, accepting she was unlikely to reoffend and had completed the traffic offenders program.

Yosaviera indicated she needed a licence to attend school placements as part of her university course and potential work, adding she had a start-up company which required her to attend team meetings in person and meet with clients across Sydney.

Mr Stewart accepted she was a high achieving intelligent young woman who was involved in her community through her church where her father was a pastor.

She also said she mentored high school students from her church youth group and drove them home.

Mr Stewart said not convicting Yosaviera would fail to adequately reflect the gravity of the offence and would not make her accountable for her action, noting her need for a licence was not unusual or exceptional and there would be other ways for her to get around.

Yosaviera was sentenced to an 18-month community correction order, fined $1000 and was disqualified from driving for a year.