'Texting driver killed my mum': Hull woman's warning after Nikita Ainley admits causing death of Mary Rutherford

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Saturday, December 01, 2012
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Hull Daily Mail

A GRIEVING daughter is warning about the dangers of texting at the wheel after the death of her mother in a horror crash.

Nikita Ainley was using her BlackBerry when she smashed head-on into the Renault Clio carrying Mary Rutherford.

  1. Dawn Timmings

    Grief: Dawn Timmings and, inset, mum Mary Rutherford.

Mary, 68, died at the scene in Newfield Lane, Lelley.

Ainley, 20, has pleaded guilty to causing death by dangerous driving and will be sentenced next month.

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UPDATE: Nikita Ainley jailed for three-and-a-half years


Mary's daughter Dawn Timmings now wants other drivers to think about the consequences of using a phone while driving.

"Other people need to know it's not acceptable," she said.

"Every time you look down and text, something could happen in front of you, or behind you, or around you, and it could be a child.

"Someone is going to pay for that."

Mary had been fighting breast cancer and lymphoma and Dawn, 44, moved to Hull to be close to her.

Just weeks before the crash, Mary was told the cancer had gone into remission.

Dawn said: "We were hoping to go to Paris for my son's 21st and that would have been the first time we had been out of the country in a long time.

"The hopelessness now is overwhelming."

The crash happened at about 12.45pm on Monday, May 30, last year.

Mary had been shopping at Asda in Bilton and was on her way back home to Withernsea.

The car she was travelling in was hit by Ainley's Fiat Panda heading the other way.

Ainley was charged with causing death by dangerous driving on the basis she was texting at the wheel. Phone records showed she was using her BlackBerry at the time.

Ainley, of Roos, did not admit her guilt until Tuesday, November 20.

Dawn said the waiting put her "through hell".

"She made a really bad decision that cost my mum her life but if she had put her hand up earlier it would have made a huge difference to me."

Dawn said facing Ainley across the courtroom in hearings leading up to the December sentencing has been hard.

"I just hoped she would see sense every time I looked at her in court," said Dawn.

"There was the fear she was going to get away with it and the realisation it didn't make any difference because my mum is gone.

"I tried really hard to be dignified about the hearings."

Dawn said she wants Ainley to understand the pain she feels.

She said: "If she was in front of me, I would say, 'at some point in your life, you will understand the pain that comes with losing your mum. I want you to multiply that by 1,000 and you might have some inkling of what you put me through'."

She praised the police officers involved in the lengthy investigation leading to Ainley's guilty plea.

Dawn said: "The police have gone all-out to ensure the right charge was put before her. They need to be applauded. They have my gratitude."

Mary had many friends in Withernsea, her daughter said.

"Everybody knew my mum. I used to think, can we not just do something without you chatting to everybody?" said Dawn.

"She was always laughing and supporting everybody else."

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  • Profile image for tigersenior

    by tigersenior

    Thursday, December 13 2012, 9:25PM

    “archieboden don't think her parents will want to come forward as i have heard her father is in the police,i know you cannot blame the parents as all we can do as parents is hope they listen but i feel she should have known better and admitted her guilt straight away.”

  • Profile image for Maz666

    by Maz666

    Thursday, December 13 2012, 3:18PM

    “John 1947 - keep up the good work, these idiots need to be stopped.

    It is sickening when these arrogant, self-centered drivers do this, yes, often the young ones.
    I've been around long enough to have heard people say, "I drive better with a drink" or I can multitask when driving, all meaning that they consider themselves to be such a good driver that they could do it with their eyes shut. You know what? You can't!
    Take it from someone who has been driving for 45 years and has a clean license, it only works when you give your full concentration to the road and its' traffic - so stop being pig headed and selfish.

    There is nothing worse than when someone is killed in an accident that is not their fault and the other driver gets away free of serious injury.”

  • Profile image for Donnama

    by Donnama

    Thursday, November 29 2012, 7:55PM

    “Dear Notherfault, You are quite right, Ainley was not driving a Fiat Panda, she was driving a Renault Clio. Mary Rutherford was in a Fiat Panda when Ainley drove into her car head on, on the wrong side of the road after using her mobile phone. What car each person was in is IRRElEVANT and IMMATERIAL, what i am saying is, it DOESN'T MATTER. Mary died as a result of Ainleys actions on that day. That is what the police reports said in court and that is what Ainley has pleaded guilty to - Death by Dangerous Driving.
    This is not what "she" wants you to hear, these are the facts of this case. And by "she" I take it you are referring to Mary the victims, eldest daughter Dawn Timmings who is also a victim of this crime. Read the article again, Dawn has not called Ainley a monster. It is Ainleys total lack of remorse, compassion and irresponsibilty that have earnt herself that title. As Dawn states in the article anyone can make a mistake. Mary cannot be brought back, all Ainley could have done is take responsibilty and say sorry. What she has actually done is make Dawn and her family suffer even more, if that is possible by taking 18 months to plead guilty. As for Ainley living with this for the rest of her life, at least she is alive and has a life to live with her mum, her family, her friends, her boyfriend. Mary and Dawn have lost all that. So take a minute to think what it would be like if this was your mum who died. How would you feel? PS You might have noticed you are the only person who has come out in support of Ainleys behaviour.”

  • Profile image for cazmarelda

    by cazmarelda

    Wednesday, November 28 2012, 6:58PM

    “I know Mary and she was a truly beautiful woman. When I was going through a bad time, despite the fact she was suffering with cancer, she reached out to me and showed such care. I had only known her a little while but she left me with beautiful memories of a very loving and caring woman.
    I moved last year (2011) and now live only a few doors from Mary's old home. I was so excited when I came to view my home and went to knock on Mary's door to tell her, it was then I was told what had happened in the May. I got in my car and cried. I love living here but know it would be so much better if Mary still lived in the corner. God bless you Mary - you were so very, very special and thank you for caring.xx Deepest sympathy to Dawn on the loss of your beautiful mum xx”

  • Profile image for NeilTheasby

    by NeilTheasby

    Wednesday, November 28 2012, 11:08AM

    “Such a tragic story but it's amazing that there aren't more terrible stories like this given the fact that every day you can spot dozens of irresponsible and extremely dangerous drivers using their mobile phones - even texting at the wheel - whilst driving. It is an epidemic and the police only seem to catch a pathetic handful of these lethal idiots. I have even seen a copper using his mobile phone whilst driving. Cars should be designed with built-in electronic "blockers" that prevent mobile phone use when the engine is running. Mary Rutherford's life should not have had to end that way.”

  • Profile image for mrmee

    by mrmee

    Wednesday, November 28 2012, 10:29AM

    “@rsrsrsrsrsrsr if you read further down the comments there was accusations that Nikita fled the scene & it would appear @notherfault was correcting them comments.”

  • Profile image for fdsbfadhsh

    by fdsbfadhsh

    Wednesday, November 28 2012, 9:34AM

    “It always makes me cringe when I hear people say "the poor girl has had to live with this and will do for the rest of her life!!"

    Big deal, the other person won't have that luxury. If Ainley had just restrained her addiction to texting while driving it wouldn't have happened. Scum.”

  • Profile image for fdsbfadhsh

    by fdsbfadhsh

    Wednesday, November 28 2012, 9:28AM

    “EVERY time I make a journey in the car you can be sure that I will see women texting while they are driving. It's mostly the younger ones. What's the matter with these people?

    They think they know it all and won't be told, just try explaining it to one of them and watch them kick off and give you all the verbal possible.”

  • Profile image for archieboden

    by archieboden

    Wednesday, November 28 2012, 8:38AM

    “What an appalling incident. Some serious questions need to be asked as to why the case was delayed for so long. I live locally and did not realise this woman had been killed due to someone using a blackberry whilst driving. I hope the Humberside Police feature this incident in a road safety campaign showing the distress it caused to Mss Timming's family.

    I am even more amazed that the offender, or her family have never expressed any public remorse, and hope this is reflected in a lengthy prison sentence.”

  • Profile image for rsrsrsrsrsrsr

    by rsrsrsrsrsrsr

    Wednesday, November 28 2012, 5:44AM

    “Nontherfault! Where above does it say she fled the scene, if u read the article it doesn't say that!! Its one sided because its warning and showing what texting behind the wheel of the car does. Who cares what car she was driving, end of the day she was using her phone when she shouldn't be end of.

    In terms of Nikita not been a monster, are you for real! This happened last year, yet took all this time to plead guilty, that tells me she has no remorse over what she has done. Poor girl has to live with it! What because she could be facing prison.

    Well I hope ms timmings gets some justice and Nikita enjoys in HMP, there she may begin to realise what she has done and caused”

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