A KIDDERMINSTER man who pulled out into the path of another car and caused the death of the other driver has escaped being jailed.

Warwick Crown Court heard that David Acton had been waved out by an HGV driver waiting to turn into the side road – and pulled out without first checking himself that the road was clear.

Oncoming driver, father-of-one, Stuart Wilson was unable to avoid a collision and suffered injuries from which he died six days later.

Acton (31) of Harold Evers Way, Kidderminster, pleaded guilty to causing Mr Wilson’s death by careless driving on the B4114 Coleshill Road in November 2016.

He was sentenced to six months in prison suspended for two years, ordered to do 200 hours of unpaid work, and was banned from driving for three years, after which he will have to take a re-test before getting his licence back.

Prosecutor Peter Grieves-Smith told the court that had Acton looked to his right when he pulled out of Pipers Lane to join the B4114, he would have seen Mr Wilson approaching in his Vauxhall Astra.

He added there was no evidence of Mr Wilson braking but “he would not have had time to do so in any event”.

The HGV’s dash-cam footage showed Mr Wilson had been doing 59mph but Judge Andrew Lockhart QC observed that if he had been doing 50, he would not have had time to react.

Mr Wilson suffered severe head injuries and was taken by air ambulance to University Hospital in Coventry where he died in the critical care unit six days later.

Tim Pole, defending, said Acton was “genuinely remorseful” for causing the death of Mr Wilson and would have to carry this for the rest of his life.

Judge Lockhart told Acton: “You said the lorry driver waved you out. You misinterpreted the indication being given by the driver.

“It is unfortunate, but it does not abrogate the responsibility of a driver to make sure it is safe to do so. This was a serious lack of an obvious check.

“You are 31 years of age and have led a blameless life, and you have shown remorse. You deeply regret the effect of your action. You must carry the burden through your whole life of the devastation you have caused.”