A cyclist suffered a severe brain injury and multiple fractures when he was run down by a van driver on a Black Isle road.
Roofer Cameron MacFadyen told police after the collision that he was blinded by a low sun and did not see Mark Georgeson as he cycled along the A832 between Muir of Ord and Tarradale Mains on June 28 last year.
But Sheriff Gordon Fleetwood disputed the 23-year-old’s explanation, saying that at 7.30am, at the height of summer, the sun would not have been low enough to affect MacFadyen’s vision.
He added that even if the driver, from Highfield, Muir of Ord, had been blinded, it was up to him to either stop, slow down or take more care.
MacFadyen was originally charged with dangerous driving but this was reduced to a charge of careless driving, which he admitted at Inverness Sheriff Court yesterday.
Sheriff Fleetwood fined him £450 and banned him from the road for four months.
Fiscal depute Susan Love told the court that Mr Georgeson suffered a traumatic brain injury, multiple rib fractures and spinal injuries, leaving him with cognitive and memory problems.
She added: “The car in front of Mr MacFadyen indicated right before pulling out to the right to go past Mr MacFadyen. However Mr MacFadyen made no attempt to slow down or manoeuvre around the cyclist in front of him.
“He stated at the time of the offence that ‘the sun caught my eyes and next thing I hit something’. He did not stop immediately but proceeded for another 0.2 of a mile before pulling in to a lay-by. It is noted this is probably due to being in shock.”
MacFadyen was breathalysed and had an eye test at the scene and passed both, Ms Love went on.
Mr Georgeson was struck by the bonnet and windscreen of MacFadyen’s Vauxhall Vivaro commercial vehicle. He was taken by ambulance to Raigmore Hospital.
Defence solicitor Martin Black said his client was extremely remorseful for the offence and concerned for Mr Georgeson. He added that his future employment was in doubt due to the inevitable disqualification.
He told the Sheriff that his client was “a new driver.”
