A mum-of-two who was seriously injured in a horror crash in Moray had no time to take avoiding action, a court has heard.
Katharine McLoughlin’s red Nissan Juke hit a silver Vauxhall Signum that crossed onto her side of the road on the A941 Elgin to Lossiemouth road in 2015.
Yesterday Ryan Adamson, an air traffic controller at RAF Lossiemouth, went on trial at Elgin Sheriff Court accused of dangerous driving.
The 25-year-old, who was also seriously hurt, is accused of failing to pay proper attention to the layout of the road, failing to adjust his speed for the weather conditions, crossing into the opposing carriageway and failing to take action to avoid the crash. He denies the charge.
The court heard emergency services were prepared for the worst when they got the call to the crash near the Spynie Palace junction on August 26, 2015.
Extensive damage was caused to both vehicles, with the Nissan hitting the Vauxhall “square on”, the court heard. Tyre marks were also left on the carriageway at the sweeping bend on the A941.
Giving evidence yesterday, Constable Graham Mutch said Ms McLoughlin would have no time to react to Adamson’s car crossing into her side of the carriageway.
Fiscal Ross Carvel asked him: “The collision occurred as a result of the Vauxhall crossing into the path of the Nissan Juke, you have already agreed with that.
“In any of the evidence you gathered was there any sign the driver of the Nissan Juke had any time to react to the presence of the Vauxhall.”
Constable Mutch replied: “It appeared the Vauxhall had gone across the road and it seemed that because the driver of Juke hit the Vauxhall square-on they wouldn’t have had the opportunity to avoid the oncoming vehicle.”
However, Adamson’s defence team asserted that several different factors could have caused a “loss of control” which resulted in the car to veering across the road.
Advocate Tony Graham put it to Constable Mutch that neither driver error, mechanical failure or an “unknown force” could be ruled out as the cause due to extensive reports not being prepared.
And Mr Graham suggested that “crumbled” tarmac at the side of the road may have resulted in his client “overcompensating” when trying to regain control of the car.
He said: “He could have been drawn to the left and had a verge strike, the photographs are entirely consistent with the vehicle following that track.”
Constable Mutch replied: “It’s possible.”
Mr Graham said: “And crossing into the opposite carriageway would be an unfortunate overreaction, which at worst would be caused by a momentary lack of concentration – or perhaps by encountering a bad bit of road.”
Again Constable Mutch replied: “It’s possible.”
Constable Andrew Meikleham told the court officers on their way to the crash had had been told there was potential for the incident to be a “fatal road accident”.
However, following an update from the hospital later in the day they were told the injuries were not life-threatening, which resulted in more detailed reports not being done.
The trial before Sheriff Olga Pasportnikov continues.
