Carmen Smith had been married for just five days when her husband was killed in a crash.
“I had sympathy cards mixed with wedding cards on my mantel,” she said.
Brad Smith died when a car crossed the centre line and hit him as he was riding his motorcycle. The driver of the car was given a ticket of just over $100.
“You never thought you’d have to start over again,” Carmen said. “And you have all these plans that you’re going to do and then they just don’t happen. They’re gone.”
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Delta Police say the roads were dry when the driver of a red Malibu crossed a double-solid line on Nordel Way on Aug. 9 and smashed into Brad’s motorcycle head-on.
Police say mechanical issues and impairment were not factors in the crash.
Delta police say they conducted a thorough investigation but they still don’t know why the driver crossed the yellow centre line.
They concluded there was not enough evidence to recommend criminal charges.
The driver received a $109 traffic ticket for crossing a double-solid line.
“It’s sad that somebody’s life is worth three points and a $109 ticket,” Carmen said.
Lawyer Kyla Lee says proving criminal negligence causing death is extremely difficult.
“It really comes down to looking at the moral blameworthiness of the individual,” Lee said.
“The standard is very high. The prosecutors basically have to prove that the conduct of the driver was a marked departure from the driving of a reasonably prudent driver on any given day.”
For Carmen Smith, her husband’s case is not closed. She’s suing the driver for negligence in a civil suit.
“Somebody died,” she said. “Somebody has to be held accountable.”
The driver’s lawyer maintains she did nothing wrong and the police investigation proves it.
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