Safe Speed Forums

Drivers jailed over race crash
May 27, 2009

TWO drivers who raced at high speeds and left a woman severely brain damaged in a horrific crash have been jailed.

Motor trader Joel Wharmby raced a high performance sports car against Lee Unwin, who was on a high powered Suzuki motorbike, before crashing into a Renault Clio carrying five passengers.

On impact the Clio was thrown into the air and span around, throwing three women from the back seat into the road.

They suffered life threatening injuries and one, Samantha Butterworth, 33 at the time, was left permanently disabled and remained in hospital for more than 18 months after the accident which happened on Manchester Road, Rochdale, in September 2007.

Unwin, 38, of Oriel Close, Chadderton, and Wharmby, 24, of Victoria Street, Littleborough - who did not know each other - were each given the maximum sentence of two years behind bars for dangerous driving but Wharmby's was reduced to 16 months for entering an early guilty plea.

Unwin was convicted of the offence following a four day trial in March. Both were disqualified from driving for three years.

The court heard how they were both using vehicles which could reach top speeds of 170mph and were travelling at 70mph on a 40mph stretch before the crash.

Unwin was riding a high performance red Suzuki GSX R60 motorcycle when he spotted Wharmby at traffic lights in a Noble M12 GT0, a low-slung sports car,

Manchester Crown Court heard. Prosecutor Robert Smith said: "The two defendants then engaged in an episode of competitive driving.

"The Noble was the first vehicle in the offside lane, with engine revving.

"The motorcycle ridden by Unwin approached the lights, it moved off at speed as though Mr Unwin wanted to compete with the Noble once the lights turned to green.

"Other witnesses described how Wharmby tried to play catch up with the Suzuki by moving into the inside lane."

The Renault Clio, carrying friends home from a shopping trip in Manchester, was turning into New Barn Lane when it was hit by the Noble sports car which Wharmby was delivering to a prospective customer.

Miss Butterworth and friends, Reanne Fraser and Gemma Chauhan, 24 and 25 at the time, were all hospitalised. The court heard they had not been wearing seatbelts.


You have still not faced up to and accepted the gravity of your dangerous driving.

Recorder Paul Reed QC

Miss Fraser remained in hospital for two months and Miss Chauhan for seven weeks.

Recorder Paul Reed QC said witnesses had described hearing engines screaming as Wharmby egged Unwin on for a race and Unwin was 'giving it welly'.

He said it was fortunate there had been no fatalities and referred to a statement from Samantha's mother, Susan King, saying: "Mrs King describes in harrowing detail the ordeal she and her family were put through when they expected at first that their daughter, Sam, was going to die but miraculously she pulled through.

"But the disabilities she has means she will never make a full recovery and have a normal sort of life."

He told Unwin: "You have still not faced up to and accepted the gravity of your dangerous driving."

The Recorder said he hoped the sentences would serve as a reminder to others of the penalties they could expect for similar offences.

He also branded the two-year maximum sentence for dangerous driving as "hopelessly inadequate".

Barristers for both defendants said that the three victims had not been wearing seatbelts which had contributed to their injuries.

Two men in the front of the car, who were wearing seatbelts, received either no injuries or minor ones, the court heard.

Pc Martin Slater, of Greater Manchester Police's Road Policing Unit, said: "Neither men knew each other but took it upon themselves to race at excessive speed down a busy road.

"Their stupid, childish actions have ruined not just Samantha's chances of living a normal life, but have greatly affected her family's happiness too.

"The fact Unwin left the scene of this terrible collision, when three innocent women had been thrown from their car, is inexcusable and it is only by the grace of god that no one was killed.

"Driving like they did proves that clearly, Wharmby and Unwin could not have been less bothered about the safety of other road users."

Good argument for wearing seat belts though!

If it were demonstrated that wearing seat belts would have prevented or mitigated the injuries should the sentence be reduced and should the damages paid be less?

3 women not wearing seatbelts injured, 2 men in the front who were wearing seatbelts uninjured if I've read it correctly. That sums it up really. Don't think really need to comment on the racers.

If it were demonstrated that wearing seat belts would have prevented or mitigated the injuries should the sentence be reduced

... and should the damages paid be less?

I was in a passenger in a coach crash (in Germany) a few years back. I was wearing a seat belt, my mate in the next seat had his on (he says) but flew out of it. The insurers (british) tried to reduce his claim on the assumption that he wasn't wearing one.

Cyclists, who have no legal requirement to wear helmets, can expect vilification on these forums if they are injured when not wearing one. Yet car passengers who disobey the law regarding the wearing of seat belts do not.

G.B. Rogers studied over 8 million cases of injury and death to cyclists over 15 years in the USA. He concluded as follows: "There is no evidence that hard shell helmets have reduced the head injury and fatality rates. The most surprising finding is that the bicycle-related fatality rate is positively and significantly correlated with increased helmet use."

In a crash featuring high speed neither seat belts nor air bags make a lot of difference.
In medium speeds they shift body damage to different modes.
In low speeds they are quite effective.
The number of accidents featuring people who wear belts with a peg on them ( to give more slack !) and then get, literally, thrown back by the airbag deployment to the detriment of their neck is rising....
Factually, the lowering death rate is mainly due to better, and faster, medical intervention.
In any accident featuring rapid deceleration the person within the vehicle is not going to walk-off into the sunset whistling a happy tune.....the seat belts keep the carcass restrained, but the internal organs become detached and damage is quite severe.
You should be aware of the case of facts being arranged to suit a pre-determined conclusion ?

Abstract Between 1981 and 1989, 541 children were admitted with abdominal injuries sustained as passengers in motor vehicle accidents. Twenty-nine of them had seat belt injuries of the abdomen. From 1981 to 1984, 1 child was admitted each year with such injuries and 21% of the abdominal injuries were due to seat belts. The number of cases had increased to 8 in 1989 and 78% of abdominal injuries were due to seat belts. These changes coincided with increased compliance with seat belt legislation in the State of Victoria. Restraint of children under 8 years of age in the front seat was legislated in 1976 and in the rear seat in 1981. In 1985, drivers were also held responsible for the restraint of children 8–17 years of age. Most of the children with seat belt injuries of the abdomen used lap belts or poorly fitting lap/sash belts. Twenty of the children had other non-abdominal injuries including 11 head, 7 thoracic, and 12 limb injuries. Eight children had spinal injuries including 7 Chance flexion-distraction fractures of the spine and 1 spinal cord injury without radiological abnormality. Chance fractures were only detected in one-half of the children on admission and in only 1 of the 9 children who had a laparotomy. Seventy-five per cent of children with spinal injuries had a laparotomy; 67% of those with abdominal injuries had spinal injuries, while only 7% of those not undergoing laparotomy had spinal injuries. These findings indicate that all children with seat belt injuries of the abdomen need careful clinical and radiographic assessment of the thoracolumbar spine. Prevention of seat belt injuries of the abdomen and spine requires legislation that ensures that all children use effective restraints that are appropriate for their age, size, and position within the vehicle.

Seat belts are designed for full sized adults, not for kids. Improper belts can do serious harm to users so thats why booster seats are important.