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Driver blacked out before fatal crash, says north sheriff

Alice Ross
Alice Ross

A driver who killed a cyclist on a north road mostly likely blacked out at the wheel, a sheriff has ruled.

Elaine Dunne was travelling south from John O’Groats with her husband Christopher on September 21, 2011, when they were hit by a car driven by 93-year-old Alice Ross.

Miss Ross, who was heading to John O’Groats, veered across the A99 Latheron-Wick road and ploughed into the Leicester couple, who had stopped at the side of the road.

Mrs Dunne died and her husband suffered serious injuries.

A fatal accident inquiry was held into the incident in August and now Sheriff Andrew Berry has delivered his findings.

Sheriff Berry, who conducted the four-day inquiry into the tragedy, said that “a blackout” suffered by Mrs Ross immediately prior to the accident, was “the most likely” cause.

He said that there was no medical or related reason which would have caused concern about the pensioner’s ability to drive.

He also ruled out a suggestion that blanket testing of elderly drivers be introduced as “unrealistic”.

The sheriff said that Miss Ross’s health was a central issue and added: “She generally enjoyed good health throughout her life.

“It can readily be said that, with limited exceptions, there existed no medical or related reason that would have caused anyone concern, however remote, as to her ability to drive.”

After the accident, Mrs Ross suffered similar turns but medical intervention did not result in a categorical conclusion about what might have been wrong with her.

She surrendered her driving licence after the accident and apologised for the collision.

Sheriff Berry said: “There were, accordingly, no red flags or warning lights in relation to the health of Mrs Ross as at the date of the accident which might have occasioned anyone to advise or insist, in so far as anyone could, that she seek medical advice.”

The sheriff said that the real issue he had to consider was whether a person aged 93 should have been subject to closer scrutiny by medical advisers and the DVLA.

He added: “There is nothing in the facts of this matter what would allow me to conclude that if Mrs Ross had been required, in terms of being over the age of 80, to renew her licence to drive every two years, as opposed to every three years, that this would have prevented the accident.”

He said the potential administrative burden on GPs of blanket testing of older drivers would be “unrealistic”.