A taxi driver has been banned from the road after knocking a cyclist off his bike outside Marischal Square in Aberdeen.
Stephen Bennett, 50, was parked on the pavement at the top of Upperkirkgate after dropping off a fare when he pulled out right in front of the cyclist.
The cyclist, Alan McKay, had come round the corner from the Gallowgate and had no time to react as Bennett, who wasn’t indicating, pulled out.
He was sent flying over the handlebars and suffered a horrific open fracture to his arm.
Bennett had denied a charge of causing serious injury by careless driving but was found guilty following a trial at Aberdeen Sheriff Court.
During the trial, Mr McKay took to the witness stand to give evidence about the collision.
Defence agent Gregor Kelly put it to the cyclist that he had not navigated the corner and kept his “lane discipline” properly and that he had “contributed personally” to the crash.
Mr McKay said: “I disagree.”
Footage of incident played
Fiscal depute Claire Stewart, playing CCTV footage of the collision to the witness, asked him if Bennett had indicated before pulling out.
He replied: “No.”
Bennett also took to the witness stand himself and gave his perspective on what happened.
The former soldier was asked by Mr Kelly about what procedures he’d taken before moving off.
He said: “After my passengers left I’m waiting to get another job.
“I’m given another job and check over my right shoulder and there was nothing there.
“I checked my rear-view mirror and wing mirror and forward to make sure there was nothing coming and slowly manoeuvred out doing less than 1 or 2mph and I hear the thud of the cyclist.
“I didn’t indicate because there was no one else there whatsoever.
“The cyclist has come just after I checked over my shoulder.”
Bennett said the cyclist had cut the corner and that had he gone round what he described as a “roundabout” at the junction and stayed in his lane then “I would see him”.
‘I would have done anything to help him’
He continued: “He obviously appeared after I have looked over my shoulder.
“I felt really bad about it. I got out of my vehicle straight away.
“I was trying to help him, I asked if there was anything I could do.
“I wanted to take his bike home for him or pick his wife up and take her to the hospital.
“I would have done anything to help him.”
Asked if he felt he had carried out all the proper checks before driving off, Bennett said: “Yes.”
Replaying the footage, Mr Kelly asked: “What commentary would you give regarding Mr McKay’s lane positioning?”
Bennett replied: “If he’d negotiated the roundabout properly he’d have been behind me and I would have seen him.”
Ms Stewart, questioning Bennett, said: “I’m going to suggest had you carried out the necessary checks this collision would not have happened.”
‘He didn’t indicate’
Bennett said: “I did carry out the necessary checks. It wouldn’t have happened if he’d come round the roundabout the proper way.”
Sheriff Kevin Duffy said: “This is a very unfortunate situation both for Mr Bennett and indeed Mr McKay.
“The question for the court to decide his whether the quality of Mr Bennett’s driving fell below the standard of a careful and competent driver.
“Looking at it from the CCTV, I have reached the conclusion that while Mr Bennett may well believe he carried out all the checks required, my conclusion is that he didn’t do so immediately prior to pulling out because if he had done so he would have been aware of the presence of the cyclist.
“Furthermore, he didn’t indicate.”
He found Bennett, of Fyvie, guilty as libelled.
Mr Kelly said the mandatory disqualification would have a huge impact on his client as he would no longer be able to work.
He asked the sheriff to keep the ban to a minimum and highlighted Bennett’s remorse.
Sheriff Duffy disqualified Bennett for 12 months, the minimum, and fined him £790.
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