Head-on-crash biker unlawfully killed

Tributes to Joseph Smith at the scene

A 17-year-old biking enthusiast from Middleton who died in a head-on smash with another motorcyclist in Denshaw was unlawfully killed, an inquest has found.

Joseph Smith suffered multiple injuries in the double fatal collision on the A6052 Delph Road on Saturday 21 August 21 last year.

A coroner ruled he had been unlawfully killed using a case law precedent regarding the dangers of overtaking — while the second biker Graham Howarth had died due to misadventure.

The joint inquest heard how Mr Howarth, 50, a welder and experienced biker from Halifax, was riding his powerful Yamaha 998cc sports bike on the north-bound carriageway from Delph to Denshaw at around 3.40pm.

Mr Smith a learner rider who had only had his Honda 125cc bike since February, was travelling southbound in the direction of Delph.

Witness Sheila Ryder sobbed as she told the court how the drama unfolded just yards from her car. She explained how Mr Howarth’s bike had appeared behind her before overtaking her after a gentle bend.

She said: “I heard a roar, looked in my mirror and saw a bike coming up behind me. I looked back and it had gone, I said out loud ‘Jesus, he’s overtaking me’.

“I looked in front and saw a bike coming down and I hoped they’d seen each other. Seconds later I heard a bang.”

The witness told the court how she immediately pulled over and jumped out of her Nissan to see the two crumpled bikes and the severely injured men as she called the emergency services.

A passing nurse and midwife stopped to aid the pair. Debris was strewn across the road as the nurse tried to speak to one of the victims, reassuring him and telling him to stay awake.

PC Nick Avery, from the Collision Reconstruction Unit, said while it could not be determined if either had been speeding, it was likely Mr Howarth, who had moved over to overtake Mrs Ryder, was travelling faster than Mr Smith. This was determined by the locations of where the bikes came to rest and the fact that Mr Smith had been propelled backwards.

Assistant Deputy Coroner Lisa Hashmi said that each and every road user owes a duty of care to others, and using a test case that regarded dangerous overtaking as unlawful, reached the verdict for the death of Mr Smith.

His mum Suzanne Smith said: “It’s nice for it to be acknowledged that he wasn’t at fault. His bike was too precious for him to risk everything. He saved hard to pay for it himself and he wouldn’t even go out in it if it was raining.

“Joe was a wonderful son, brother and friend to all who knew him and he was a kind, generous person who lived his short life to the full. We all feel heartbroken that his life was cut short through no fault of his own, we all miss and love him beyond words.”