A man has been banned from driving after causing a horror crash that left a biker with an open arm fracture and shattered elbow.
Oskar Boniowski smashed into the motorcyclist on the A947 near King Edward after failing to adjust his driving for the wet conditions.
The 29-year-old hadn’t noticed a car in front had slowed down to turn and swerved to avoid it – but ploughed into the motorbike instead.
Fiscal depute Lynne MacVicar told Aberdeen Sheriff Court the incident happened around 4.30pm on October 13 2020 and the road was damp due to rain.
A woman driving from Banff towards King Edward indicated, slowed down and stopped with the intention of turning right towards Balchers Farm.
‘I didn’t notice that the lady in front of me was wanting to turn right’
While waiting for a safe opportunity to turn, she heard a “loud bang” she thought was someone hitting her driver’s side window and her airbag inflated.
It took her a few seconds to process what had happened before she got out and saw Baniowski standing next to his vehicle. He told her he hadn’t seen her indicator.
The biker had been travelling in the opposite direction, saw the woman’s car stationary and then saw Boniowski pull out directly into his path to overtake her.
Boniowski struck the woman’s car before colliding with the biker who remembered his bike leaving the road and heading straight for a tree.
He woke up on his side with his motorbike “embedded in the V shape of the tree”.
Ms MacVicar said: “As the complainer was a motorcycle instructor, he knew from previous training to remain where he was and awaited assistance from the emergency services.
“Various other drivers spoken to by the police had all formed the opinion that the accused was driving too fast for the damp road conditions.
“Police attended shortly after the collision and arranged for the complainer to be airlifted to Aberdeen Royal Infirmary due to concerns that he may have had a spinal
injury.”
As a result of the collision, the biker sustained an open fracture on his arm and
swelling to his right leg.
‘He was not driving around in a reckless harum-scarum way’
His right elbow was “shattered” and, following surgery, he had three metal plates
inserted in his arm to replace his elbow fixed with various screws.
Doctors advised him that he may suffer from arthritis and osteoporosis as a result.
When Boniowski was charged, he replied: “It was very slippy, the weather was bad and I wasn’t driving more than 50mph.
“I didn’t notice that the lady in front of me was wanting to turn right.”
Boniowski, of Wellfield Crescent, Turriff, pled guilty to causing serious injury by dangerous driving.
Defence agent Paul Dunne said: “He was not driving around in a reckless harum-scarum way that I think would have drawn the attention of police.
“This was not somebody wanting to recklessly overtake somebody.”
Mr Dunne said his client felt “awful” about the incident and apologised to those affected.
He went on: “He is not what we would call a menace on the roads.”
Sheriff Graham Buchanan ordered Boniowski to be supervised for a year and complete 240 hours of unpaid work as a direct alternative to custody.
He also banned him from driving for 20 months.
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