Alleged distracted driver in triple fatal crash could spend two years in prison

The Public Prosecution Service (OM) is recommending a two-year jail sentence against a 28-year-old driver for causing a deadly accident on the A325 motorway near Elst, Gelderland. Three people lost their lives in the collision, including a nine-year-old girl, her grandfather (76), and her grandmother (75). The girl's young cousin was also severely wounded in the crash.

Wasim el M. was driving to his home in Lent in his PostNL delivery van on November 28, 2021, when he drove into a traffic jam at 89 kilometers per hour, striking the car where the victims were seated. Both children in the vehicle were from Nijmegen, and their grandparents were from Duiven.

The prosecutor claims that the suspect looked at his phone repeatedly while driving. He allegedly sent three WhatsApp chat messages in the minutes before the crash, messages that he quickly deleted after the incident, according to the OM.

The mother of the deceased child told the suspect that she blames him for the death of her child and parents, because he was looking at his phone and not paying attention to the road. As a surviving relative, she had a right to speak during the hearing as a victim in the case. The father of the boy who survived the crash shared that his son has permanent brain injuries and struggles with panic attacks.

The suspect reacted emotionally to the victim's statements. He was crying while reading a letter in the District Court in Arnhem in which he spoke of his regret. “I hope you can someday forgive me for the incredible pain I’ve caused,” he said.

The prosecutor also recommended a banning the suspect from driving for a period of four years. He argued that the suspect is guilty of reckless driving behavior and the most severe form of involuntary manslaughter due to the suspect deliberately operating his phone while driving.

He was also driving too fast as the electronic traffic signs when approaching the traffic jam displayed the reduced maximum permitted speed to 70 kilometers an hour.

El M.s attorney said that his client was distracted by a malfunctioning electrical window, not by his phone. He also added that his client was not driving as fast as the people in the left lane, and it could not be seen as a severe speeding offense. “The suspect was not rushing or tailgating other vehicles,” said the lawyer. “The traffic jam was unexpected and sudden for him, as the traffic signs still said 70 kilometers per hour.”