A motorcyclist was told his passenger, and partner, had died during the ambulance ride to the hospital, a court has heard.
Mum-of-three Nicola-Jane (Nikki) Gapes, 43, died on impact after the motorcycle she was a passenger on crashed into the back of a car on Kaipara Highway (State Highway 16) on January 29, 2018.
Simon Greenwood, who was 52 at the time, denies one charge of careless driving causing death and faces a judge-alone trial at Auckland District Court.
"I remember asking how Nikki was and he [the police officer] told me she had died," Greenwood said.
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Prior to the accident, witnesses said Greenwood was weaving in and out of heavy traffic prior to the fatal crash.
The defence states the motorbike was preforming a safe, legal overtaking manoeuvre and it was the driver of the car who was at fault.
In evidence on Tuesday, Greenwood said he had the right of way at the moment the accident happened.
"It’s the duty of care of other road users to see me. I was there to be seen. People can’t just pull out in front of you as you are overtaking," he told the court.
“He pulled into my lane and started braking, I went in to the back of it.”
Greenwood said the other lane he was using to overtake the line of traffic was "completely clear" when he pulled out to make the manoeuvre.
“We hit and that was it.”
Following the crash Greenwood said he woke up on the road, unable to breathe, and began looking to find his partner Nikki.
Motorcyclist Jeremy Winks was travelling on his red Ducati motorcycle behind Greenwood and Gapes on the day of the incident and was the second motorbike involved in the collision.
Earlier, Winks gave evidence he saw the other lane to be clear and safe to use to overtake the line of traffic.
Winks was airlifted to hospital following the crash.
Rana Kipa, who was driving the Mazda, said he had been pulling into the boat club so his partner, Tracey Potter, could use the bathroom.
He said he slowed down, checked his mirrors, indicated and made the turn, but never came to a complete stop.
Kipa described the turn as a "standard turn" for himself, a driver of 12 years, to do.
"I remember going to turn into the boat ramp stop and I heard an almighty crash behind me. I felt an impact, I thought … another car had rear ended me, but it kinda felt like two impacts," he told the court.
Defence lawyer David Jones questioned Kipa about his actions before making the turn, stating if he had checked the rearview mirrors before making the manoeuvre he would have seen the motorbikes attempting to overtake him on the right.
He also said Kipa had moved into the right-hand lane earlier than he needed to in his rush to get his partner to the bathroom.
Photographs showed the point of impact to the Mazda car was the rear bumper, not in the side as expected from a turning vehicle, Jones said.
Kipa has not been prosecuted by police.
Police confirmed no alcohol or drugs were involved in the incident, and the weather was clear that day.
The trial before Judge Michael Crosbie continues.
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