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Two years for father whose son died in a car crash without his child seat correctly secured

Tailbacks caused by the accident in February 2017.
Tailbacks caused by the accident in February 2017. / SUR
  • The defendant was driving at a speed of between 120 and 130 kilometres per hour on a stretch limited to 80 on the MA-20 in Malaga

A man in Malaga has been sentenced to two years in prison for his role in the traffic accident in which his son died. The sentence, to which this newspaper has had access, indicates that the defendant did not secure the child's safety seat correctly and, as a result, the child was thrown out of the vehicle and died.

The events occurred on 5 February 2017 when the defendant was driving his Opel Corsa on the MA-20 motorway close to the city's Carlos Haya tunnel at a speed of between 120 and 130 kilometres per hour in an area limited to 80.

The sentence explains that the man was distracted and moved, "inadvertently", towards the central lane. When he realised what was happening, he made a sharp turn to the left to avoid a crash with another vehicle. However, this caused him to lose control of his car and it collided with the central reservation, causing the vehicle to roll over six times.

In the last of these rolls his son, aged four, who was riding in the back seat, was thrown out of the car. The boy, explains the court ruling, hit the ground and died instantly due to the head trauma he suffered.

The judgment states that the defendant had neither anchored the safety seat to the seat nor fastened the safety harness. Because of this he had neglected "the most elementary duties of care that, as a father and the person in control of the vehicle, were incumbent on him".

He has been sentenced to two years' imprisonment for murder by gross negligence. He has also been banned from driving for three years.