A taxi driver has been banned from the roads for a year after pulling out without indicating and colliding with a cyclist, causing serious injuries.
Stephen Bennett, 50, was parked on the pavement at the top of Aberdeen’s pedestrianised Upperkirkgate, when he pulled out in front of Alan McKay, who was cycling from Gallowgate.
Mr McKay had no time to react when Bennett merged onto the road without indicating, sending him flying over his handlebars. The cyclist suffered a “horrific open fracture” to his arm in the collision.
At Aberdeen Sheriff Court, Bennett denied a charge of causing serious injury by careless driving, and instead told the court that McKay had “cut the corner” and failed to negotiate the roundabout linking Gallowgate with Upperkirkgate “properly” and that he would have spotted the cyclist if he “had stayed in his lane”.
Bennett stated: “I didn’t indicate because there was no one else there whatsoever. The cyclist has come just after I checked over my shoulder.”
However, the court found him guilty after reviewing CCTV footage, which showed that he had not checked for cyclists before pulling out.
Finding Bennett guilty, Sheriff Kevin Duffy told the court: “This is a very unfortunate situation both for Mr Bennett and indeed Mr McKay,”
“The question for the court to decide is 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.”
Defence counsel, Gregor Kelly, argued that the mandatory driving disqualification would have a huge impact on his client as it would leave him unable to work, and asked the sheriff to keep the ban to a minimum.
Sheriff Duffy disqualified Bennett from driving for 12 months – the minimum length of ban legally required for the offence – and fined him £790.
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