Careless driver caused death of Portlethen pensioner who died crushed between two cars

A careless driver has admitted causing the death of a pensioner who was injured so badly he died at the scene after being crushed between two cars.

Daniel Gilfillan, of Portlethen, died at the side of the B9007 near Kirkton of Durris on February 2, last year after being struck by another car and trapped between that and his own vehicle.

On Friday Liam Duddy admitted causing his death by careless driving that afternoon as he appeared in the dock at Aberdeen Sheriff Court.

The 38-year-old tried to help the injured grandfather at the scene but to no avail, as Mr Gilfillan was pronounced dead by paramedics thirty minutes later.

The court heard how Mr Gilfillan had been involved in a minor three-car collision just 15 minutes before his tragic death.

Those three vehicles and their owners had been exchanging details on the eastbound carriageway when the accident happened.

‘A beloved husband, father and grandad’

Fiscal depute Felicity Merson said: “Around ten to fifteen minutes after that collision, the accused was driving eastbound when he was passing the stationary cars involved in the earlier collision. The car in front braked suddenly, resulting in him swerving to avoid a collision.

“In doing so he returned to the eastbound lane before it was clear, colliding with Daniel Gilfillan and crashing into the rear of Mr Gilfillan’s car, trapping him between the two cars.

“Daniel Gilfillan died at the scene.”

His family described him as a beloved husband, father and grandad.

Mr Gilfillan’s wife of 47 years, Susan, was in the passenger seat of their car but was uninjured. She has since died and the couple is survived by their two sons.

The court heard how road conditions were good at the time of the crash, which involved Duddy’s blue Seat Leon and Mr Gilfillan’s grey Renault Kaptur, and happened on South Deeside Road on the straight close to Nether Balfour Farm, near Durris.

Drivers tried to help free him

One witness described: “feeling a rush of wind as something passed close by him, and then he suddenly heard a bang”.

Another said he saw Duddy’s car and the one in front of him pulling out to overtake and then seeing Duddy “veer back into the correct lane” for an “unknown reason” before it crashed into Mr Gilfillan’s car.

Some of those witnesses, as well as Duddy, tried to separate the two cars and free Mr Gilfillan, but with no success.

An off-duty doctor stopped to help and found Mr Gilfillan had been “trapped and suspended between the two vehicles”.

When paramedics arrived they said the 66-year-old had “traumatic head and leg injuries” and pronounced him dead at the scene at 2.12pm.

Duddy, who was alone in his car, had a clean license and no previous convictions. Checks confirmed he was not under the influence of drink or drugs and he was not using his mobile phone.

‘I saw two people move, I wasn’t sure of the third’

He told police how the car he was following braked suddenly, and how his own car started to skid as he avoided running into the back of the one in front.

“I tried to brake and correct it and as it did so I was skidding further and I noticed another car in front of me, at the left-hand side with three people standing at the back of it,” he said.

“I tried to swerve out, out to my right. I could see two people move and then I hit the other car and pushed it to the left.

“My car was in the back. I saw two people move, I wasn’t sure of the third. I got out and went around and saw the gentleman stuck between the two cars.”

Duddy, of Waston Street, Banchory, was originally charged with causing death by dangerous driving in December 2020, but pled guilty to a lesser charge of doing so by careless driving last August.

Background reports called for

Defence advocate Frances Connor described the incident as a “tragic, tragic accident”.

Sheriff Morag McLaughlin deferred sentencing until November to allow for background reports and a restriction of liberty order assessment to be prepared.

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