A farmer carelessly turned his tractor into the path of an overtaking tipper van, causing it to spin almost 180 degrees off the road.
Dale McLaughlan, 54, was driving his tractor at around 10 miles per hour on the A95 when he tried to turn into an unmarked turning.
But he had not seen a Ford Transit tipper that was attempting an overtake, leading to a collision that left the van passenger trapped with “life-threatening” injuries.
McLaughlan appeared at Inverness Sheriff Court to plead guilty to a single charge of driving without due care or attention or without due consideration for other road users.
He admitted failing to indicate his intention to turn right within sufficient time and turning right whilst another vehicle was effecting an overtaking manoeuvre.
The error led to the vehicles colliding, seriously injuring the tipper passenger.
Fiscal depute Emma MacEwan told the court that the incident took place early in the morning of December 1 2020.
She said McLaughlan was driving a tractor north on the Durnish to Grantown on Spey road with his amber beacons illuminated, when the incident occurred near the Speyside Centre, outside Dulnain Bridge.
A witness driving a lorry behind the tractor said a Ford Transit tipper first overtook him, pulling in briefly before attempting to overtake the tractor.
At this point, McLaughlan switched on his right-hand indictor and attempted to turn in that direction.
“[The witness] was already carrying out his overtake manoeuvre,” Ms MacEwan told the court.
The two vehicles then collided.
“Such was the force of the impact that it pushed the transit van off the road. It span almost 180 degrees,” Ms MacEwan explained.
The tractor also span and came to rest on a grass verge with a detached axle.
Passenger trapped
Both of the drivers were able to exit their vehicles, but the passenger in the Ford Transit tipper, Callum Hunter, was trapped.
Emergency services, including the air ambulance attended.
The man’s injuries were so serious that they were initially considered to be life-threatening.
He suffered damage to his aorta, which required surgery, along with injuries to his wrist, hip and back.
His injuries required a trauma rehabilitation programme for the patient.
Ms MacEwan said that both drivers were cautioned and charged at the scene but indicated “no further action” had been taken against the driver of the Ford Transit tipper.
Solicitor John MacColl for McLaughlan said: “Mr McLaughlan has indicated, looked and turned in relatively short order, has not seen the vehicle driven by [the other driver] on the wrong side of the road”.
Tractor going ‘no more than 10mph’
He told the court his client’s tractor had a maximum speed of 24 miles per hour and was travelling at “no more than 10 miles per hour” at the time of the incident.
Mr MacColl added that it seemed clear the other vehicle must have been travelling “at some speed”.
The defence solicitor explained that witness statements indicated that the second vehicle could have been to the rear of Mr MacLaughlan, who has a clean driving record, as he started his manoeuvre.
Sheriff Craig Findlater said: “I’m willing to accept that the culpability for the collision is shared between the two drivers.
“I see that Mr McLaughlan has a very limited record and a clean driving license, I’m prepared to deal with this by way of penalty points.”
He gave McLaughlan, of Torispardon Farm, Boat of Garten, five penalty points and fined him £420.
‘Everyone makes mistakes’
In a statement released by Digby Brown Solicitors following the verdict, crash victim Mr Hunter said: “I don’t have any malice towards the tractor driver as everyone makes mistakes.
“While it’s right any wrongs are acknowledged, I am glad the sentencing isn’t something that’s going to ruin his life.
“The accident changed my life in so many ways but what’s important is I’m still here.
“I can no longer work, I’ve lost the ability to do my hobbies and I see the pain on my family’s faces too, when they see what I’m going through.
“But it’s important to keep going and get on with things and stay positive.
“I’d like to have my privacy respected as I focus on my recovery.
“I’d finally just like to say to the nurses, firefighters, air ambulance and everyone who rushed to help after the crash, you all gave me a second chance at life and I just want to thank you all for it.”