Airdrie & Coatbridge Advertiser
Death driver avoids jail time
An Airdrie man whose careless driving caused another motorist’s death has avoided a prison sentence.
Alexander Young, 62, of High Street, last month pleaded guilty to causing the death of Andrew Nisbet in November 2015, when his delivery van crashed into the back of the dad-of-two’s vehicle, pushing it over him and pinning him underneath.
Livingston Sheriff Court heard Young realised he was wearing the wrong specs when he saw a “blurry” deer run across his path moments before his van collided with the parked car.
Young claimed he took his eyes off the road for just a second to change his glasses, but the distraction was enough to prevent him from seeing the flashing hazard lights of Mr Nisbet’s car up ahead.
By the time emergency services arrived at the scene on the B7066 Whitburn link road near Polkemmet country park, West Lothian, Mr Nisbet, 58, from Sauchie, Alloa, was dead.
Last week, Young was disqualified from driving for 14 months and ordered to carry out 140 hours of unpaid work within nine months.
He was also placed under social work supervision for a year to include mental health counselling and attending a 12-week road traffic programme.
Rebecca Swansey, prosecuting, said it was dark and raining on the morning of the accident and Mr Nisbet had stopped his car at the roadside and was leaning under the bonnet carrying out a repair.
She said a woman driver, who Young had pulled out in front of seconds before the crash, had overtaken his van but watched it in her rear-view mirror.
She noticed Mr Nisbet’s car as she drove past and moments later witnessed the accused’s van collide with it.
Miss Swansey said the impact was also captured on CCTV cameras installed in Mr Nisbet’s car. These filmed Young reaching across his cab just before the crash.
She added the accused had told two men who stopped to help that he had “swerved to avoid a deer on the road”.
However, he later told police he had been trying to retrieve his glasses from the footwell.
Katherine Railton, defending, said her client had been off work through ill health since the incident and would lose his job as a result of the court case. She stressed that Young’s spectacles had fallen onto the passenger seat, not the footwell as he originally stated, and claimed her client had been in a state of shock and traumatised by what had happened when he told the police otherwise.
She said he got out of his van and saw that the keys were in the ignition of the Renault and the radio was on, although there was no sign of the driver.
It was only after two passers-by stopped to help that they spotted Mr Nisbet’s body lying on the road underneath his car.
Ms Railton said: “He [Young] broke down then and was physically sick at the roadside. He has been in tears every time I have met him and is the same in court today.”
She added: “This has been a momentary inattention that has had most devastating consequences for Mr Nisbet and his family and Mr Young wishes to convey his sincere apologies.
“He’s gone over and over this incident in his mind every day and the social work report confirms his genuine remorse.”
Passing sentence, Sheriff Peter Hammond highlighted that Young had six penalty points on his licence for speeding but no court convictions.
He said: “I take into account that you are genuinely remorseful and I accept the consequences this has had for you personally, so I’m satisfied that there is an alternative to a custodial sentence available.
“You should understand if you fail to comply with the order you can be brought back to court for another sentence and the likelihood is you’d receive a custodial sentence.”