A BUS driver braked too late, swerved into oncoming traffic and hit a bin wagon, killing its driver, a court heard yesterday.

Stewart Wallace, a 52-year-old Arriva driver, did not stop in time when a car and a van in front of him stopped sharply.

Mr Wallace's bus clipped the back of the van and he swerved "instinctively" into the oncoming traffic.

His bus collided head-on with a bin wagon and its driver, James Dominic O'Hara, 41, of Coniston Streetm,Darlington, was thrown from his cab.

Mr Wallace was pulled from the wrecked front of the bus by its passengers. He has not fully recovered and appeared at Darlington Magistrates' Court yesterday on crutches.

Mr Wallace, of Borough Road, Darlington, pleaded guilty to driving without due care and attention. He was fined £300, made to pay £100 costs, and given three penalty points.

James Backhouse, mitigating, said: "He made one misjudgment on one day and two people's lives fell apart because of it."

The court heard Mr Wallace was an experienced driver with a clean licence. He had not been speeding and passengers said the bus had been driven safely before the accident.

Mr Wallace's bosses said he was a "nine-and-a-half out of ten driver".

Peter Smith, prosecuting, said a Ford Capri had braked suddenly to turn right into a drive on the A167, outside Darlington.

The Capri had been declared off-road, had no insurance and no test certificate. Its driver was subsequently fined for the offences and disqualified under the "totting-up" system.

A Mercedes Sprinter van, following the Capri, also braked suddenly.

Mr Smith said: "Unfortunately, Mr Wallace did not see what happened in front of him, or did, but could not register it in time, so he did not apply the brakes in time.

"The Highway Code counsels all drivers to leave sufficient space so they can react safely.

"But the statements make it abundantly clear, as does the CCTV, that the bus was being driven entirely properly and at an appropriate speed."

Mr Backhouse said Mr Wallace could not remember the accident, which happened on Tuesday, January 30, just its aftermath. He has been driving since 1974 and driving buses since 1997. He also passed his Large Goods Vehicle test last year.

"He is a person who knows about safe driving," Mr Backhouse said. "He is a good driver - a very good driver. He accepts, though, that when you have a rear shunt your driving has fallen below the required standard.

"Apart from that, his driving appears to be entirely satisfactory - it's a momentary misjudgement with horrific consequences for the other driver and for Mr Wallace himself."

Mr Wallace's injuries forced him to surrender his driving licence.

John Fozzard, from Arriva, said: "We have acknowledged the outcome of today's court case. This was a tragic accident and our thoughts remain very much with the bereaved family."