A driver who was reaching for his ringing mobile phone when he hit a pedestrian causing horrific injuries has escaped a jail sentence.

Aptulazis Ismail was told by a judge that mitigating factors, including having a momentary lapse of concentration, made prison “inappropriate”.

Victim Jim Gilbourne suffered 50 fractures and there were fears he would not survive after being hit by the Vauxhall Corsa.

Mr Gilbourne, 42, was walking to St Stephen’s church in Chatham with his two children when the accident happened in Maidstone Road on April 27 last year.

Alex Wilson, prosecuting, said Ismail was driving family members between cleaning jobs at the time.

His daughter-in-law Bedie Halil later described how the phone was on the centre consul between the two front seats when it rang.

The 50-year-old Bulgarian’s wife asked why he was not answering it and he replied it was because he was driving.

“It seems it was then decided the defendant’s wife would answer it, but both reached for it,” Mr Wilson told Maidstone Crown Court. “He took his eyes off the road as he did so.

“Mr Gilbourne hit the road after being thrown on to the windscreen of the car. It narrowly missed his daughter Lottie, 14, and eight-year-old son Edward.

Mr Gilbourne spent four weeks in hospital and his treatment is ongoing.

“It was thought at the time his injuries were life-threatening, hence the air ambulance. His condition stabilised and he made a good recovery.”

Ismail, of Chalkpit Hill, Chatham, admitted dangerous driving. Judge Michael Lawson, QC, imposed a community order for 12 months, including 250 hours community payback “to remind you what you did that day”.

He told Ismail, who was also banned from driving for two years: “You knew as a driver you should not pick up that phone. The danger of doing so is horrifically illustrated in this case.

Eleanor Sanderson, defending, said Ismail was regarded as a careful driver.

“It was a momentary lapse of judgement,” she said. “He refused to answer the phone.

“He expresses his sincere sorrow and regret for the injuries he has caused.”

Mr Gilbourne, from Rochester, indicated in an impact statement read to the court that he did not want Ismail sent to jail.

“I would like to see justice done and suitable punishment for his mistakes. I would not consider a custodial sentence to be appropriate but I would leave this up to the court,” he said.

He said he had no memory of the accident but has since realised how close he came to death.

Mr Gilbourne’s wife Hester told of her fears and anguish after the accident.

Their daughter Lottie was upset and screaming. “I felt like a widow already,” she said.

“I feel sorry for the driver and his family because they will never forget what they have done,” said Mrs Gilbourne.

“But Lottie and Edward won’t forget seeing their father lying in the gutter in blood with clothes ripped off his back.”