Driver who killed pedestrian after texting escapes jail Passing sentence he gave her a 40-week jail sentence, suspended for 12 months. He told the defendant: "This is truly a tragic and sad death. It can be said that this was a short distraction, albeit one you should not have engaged in because it was in itself an unlawful act. What I do regard as a critical factor in this case, and allows it to be regarded as one, that there is exceptional mitigation, is that you are the single mother of a 12-year-old daughter for whom you have sole carer responsibility. Miss Nolan was also ordered to complete 150 hours community service, go on a victim awareness course and keep a curfew. The accident occurred in June last year when Mrs Nolan was on her way home to Thornton-in-Craven near Skipton, North Yorkshire from her practice near Burnley. She desperately gave Mr Mather mouth to mouth resuscitation before he was airlifted to hospital, but he was pronounced dead on arrival. Miss Nolan wept as she stood in the dock awaiting sentence after admitting causing death by careless driving at an earlier hearing. Earlier Bob Elias, prosecuting, told the court Mr Mather had been out with his dog walking close to his home when the accident happened. He said the dentist had stopped in a lay-by on the busy bypass, replying to a text sent by an employee but after writing the words set off before pressing send. Seconds later Mr Mather was hit by Miss Nolan's car, travelling at 50mph and then by the second vehicle following. Mr Elias added: "This was a tragic accident which put him in the wrong place at the wrong time. At the time of the accident Miss Nolan sent a text on her mobile telephone, she therefore had diverted her attention away from controlling her car. Simeon Evans, defending, said the crash happened in the momentary pressing of a button and other drivers who witnessed the accident said Miss Nolan could not have avoided hitting the pedestrian in the road. Mr Evans said his client would pay the £1,500 court costs immediately. Outside court Alex Mather, the victim's son, said: "I think, based on the information provided to the judge he ended up with what was an acceptable judgment - but I don't think it is ever going to be enough. All too often in this day and age people are too interested in their mobile phones, but you can wait or pull over, just think about what you are doing, think about the consequences.