A Codiac Transpo bus driver has been found not guilty in the death of a pedestrian last year.
Gary Pellerin, 59, had been charged under the Motor Vehicle Act with driving without due care and attention after Aurore LeBlanc, 46, was struck and killed at a crosswalk in Moncton on Jan. 20, 2012.
But provincial court Judge Jolène Richard said there was no evidence Pellerin was driving without due care and attention.
She based her decision in large part on the evidence of an expert called by the defence.
Wayne Browne, a civil engineer and road designer, spent a lot of time studying the traffic patterns at the downtown intersection of Main and King streets, where LeBlanc was hit.
He noted the sun was low on the horizon, which affected the Pellerin's vision. Shadows in the crosswalk also concealed the pedestrians, the expert testified.
And while it is a busy intersection, few pedestrians use it, Browne found.
The judge said that was enough to create a reasonable doubt in her mind. She felt it could explain why Pellerin was looking the other way when he hit LeBlanc.
Richard said it was a terrible accident since someone lost their life.
However, she felt that holding the bus driver liable under the Motor Vehicle Act would mean that all drivers would be liable whenever there was an accident that could be prevented.
She suggested the City of Moncton change the crosswalk; that no vehicles should be allowed in the intersection when the walk light is on.
The court previously heard Pellerin had a green light, was not speeding and there was no indication of careless behaviour.
LeBlanc was trapped under the bus and rescuers had to use a crane to lift it. She was pronounced dead at the scene.