The family of a motorcyclist killed in a collision with a Police truck have called for such vehicles to be taken off Bermuda's roads, and the accident site to be re-assessed by safety officials.

They spoke out after Coroner Juan Wolffe recorded a verdict of accidental death relating to Michael Scott (Sprockett) Kozma, 21, yesterday. Mr. Kozma's 125cc Honda bike hit the front offside of a Toyota Landcruiser as it was responding to an emergency call.

He was travelling east along Dundonald Street as the Police truck came from Cedar Avenue and across Dundonald Street around 10.30 p.m. on April 29, 2005.

Mr. Wolffe cited three key contributory factors:

• Mr. Kozma's manner of driving – he was said by an accident investigator to be speeding at at least 72 kph.

• The layout of the junction where the accident occurred, which stops motorists from seeing each other coming.

• The size and characteristics of the Landcruiser, which had tinted windows, a long bonnet and was a dark blue colour.

Mr. Wolffe said he believed Police driver Andy Beaupierre exercised due caution. However, he observed:"Unfortunately the poor design of the junction and the speed of the deceased's vehicle presented variables which Pc Beaupierre had no control over. To compound the situation, the deceased's vehicle probably could not be heard by Pc Beaupierre or the other Police officers due to the sound of the siren.

"In conclusion, he reported:"Can it be said that the collision would not have occurred if the deceased were travelling at a slower speed or if the junction was designed better or if the Police vehicle was also designed better?

"It is extremely difficult to definitively answer this question as it is near impossible to assess to what degree the collision occurred as a result of any one of these contributing factors or the combination of either of them.

"It is my view, however, that the possibility or probability of the collision occurring may have been reduced, had none or either of the contributing factors existed."

The purpose of the inquest was to establish how Mr. Kozma died rather than apportion blame. However, Mr. Wolffe's findings, based on the evidence of Police and civilian witnesses and his own visit to the accident site, will be passed to the Police and the Corporation of Hamilton.

Mr. Kozma's mother, Beverly Kozma from Spanish Point, believes the Police must carry some blame. Speaking after the verdict, family lawyer Edward Bailey said it was felt that inadequate attention was paid to evidence from witnesses who disputed the Police version of events. He said it had been hoped the Coroner would find "there was contributing negligence if necessary by both parties" if he was going to make an accident ruling.

Mr. Bailey said of the Landcruiser:"The Police vehicle is not suitable for Bermuda's roads. It has the wrong characteristics. It's all right if it's being used in a metropolitan area of civil unrest but the fact is it's hard to manoeuvre and it was inappropriate."

He said of the junction: "That's a matter for the designers. That should be under review by the Corporation of Hamilton to have their road engineers to go and have a look at it. We don't know statistically whether it's proved to be hazardous. If it is, they should take immediate steps to correct it. "

Mrs. Kozma said:"We knew what Scott's part was, we wanted the truth...I guess what involvement the Police had

" Having long called for an inquest, she said of yesterday's outcome:"I'm just happy that this part is over. It's taken far too long."

Mr. Bailey said he would have to review the Coroner's findings before advising the family whether they should pursue any further action.

Corporation of Hamilton Secretary Ed Benevides said he could not comment until the inquest findings have been reviewed. A Police spokesperson said it was policy not to comment on court rulings.

Inquest: Key findings at a glance

In yesterday's 11-page report into the accident on April 29, 2005, Coroner Juan Wolffe said:

• The Police truck did have its lights and sirens on at the time.

•Conflicting evidence meant he was unable to determine whether the truck crossed a red or green light at the junction but "it is my view that even if the lights governing (driver) Pc Beaupierre's flow of traffic were red at the time he advanced into the junction, it must be taken into consideration that the Police vehicle was on an emergency run."

•The driver did exercise proper caution and did look left and right. "This is of course not to say that I accept Pc Beaupierre's evidence that no other traffic was on the road because clearly there was," said the Coroner, pointing out that there were in fact two cars, a scooter and a pedestrian in addition to Mr. Kozma's bike.

• It was not possible to assess the speed of the Police vehicle as it was "unfortunate that Pc Stephen Paynter, the traffic investigator, did not determine or estimate the speed of the Police vehicle just prior to the collision".

•Based on Pc Paynter's findings, Mr. Kozma "was travelling at a very high rate of speed and that this speed was a contributing factor in how the collision occurred."

•The layout of the junction of Cedar Avenue and Dundonald street means: "It was difficult if not impossible for Pc Beaupierre or the deceased to see each other until the Police vehicle was almost in the middle of the junction. By this time, it can be inferred, it was too late for either Pc Beaupierre or the deceased to avoid the collision."

• The design of the Police Toyota Landcruiser meant it is unsurprising that the officers inside did not see any traffic on Cedar Avenue or Dundonald Street. "Firstly, the windows of the Police vehicle, other than the windshield, are tinted and to further obscure the view, the windows have a wire mesh over them."

•The dark blue colour of the Police vehicle and the fact it did not have reflective stripes, meant it would be hard to see at night. "In my view, a reflective strip could have potentially alerted other road users to its entrance into the junction."