'Low sun' explanation rejected after driver left cyclist with brain damage

A motorist who claimed that low sun had caused him to crash into a cyclist in the Scottish Highlands has been told that the sun would not have been low enough to affect his vision and that it would have been up to him to take more care if it had.

The Press and Journal reports that Cameron MacFadyen hit cyclist Mark Georgeson on the A832 between Muir of Ord and Tarradale Mains on June 28 last year.

Georgeson suffered a traumatic brain injury, multiple rib fractures and spinal injuries. He now suffers from cognitive and memory problems.

Fiscal depute Susan Love told Inverness Sheriff Court that MacFadyen made no attempt to slow down or manoeuvre around the cyclist in front of him.

“He stated at the time of the offence that ‘the sun caught my eyes and next thing I hit something’. He did not stop immediately but proceeded for another 0.2 of a mile before pulling in to a lay-by. It is noted this is probably due to being in shock.”

Sheriff Gordon Fleetwood said that at 7.30am the sun would not have been low enough to affect MacFadyen’s vision.

He also said that had he been blinded, it was up to him to stop, slow down or take more care.

Defending, Martin Black said MacFadyen was extremely remorseful for the offence and concerned for Georgeson. He said the 23-year-old roofer was a “new driver” and that his future employment was in doubt due to the inevitable disqualification.

Fleetwood fined him £450 and banned him from driving for four months.