A dangerous driver who had only passed his driving test weeks earlier caused a cyclist horrific injuries including a traumatic brain injury when he crashed into the rider having overtaken another motorist on a blind bend while travelling in excess of 60mph.

Finlay Paton, 20, was sentenced to community service for causing the “dreadful” crash back in June 2023, a reporter from the Cumnock Chronicle at Ayr Sheriff Court to hear how the newly qualified driver overtook another motorist “travelling in excess of 60mph” on a blind bend, hitting a female cyclist and “causing her to project into the air and land in a hedge”.

The rider’s injuries were extensive, Paton inflicting a traumatic brain injury, injuries to her shoulder and neck, and 5cm cuts to the back of her scalp. She required 32 days’ treatment at the Queen Elizabeth University Hospital, including on the major trauma ward after suffering from amnesia and confusion due to the traumatic brain injury.

Paton claimed he “never saw her” because “it was dark”, that despite a witness having reported the dangerous driver overtaking them on a blind bend on the A719 near Culzean while “travelling in excess of 60mph”. At sentencing, Paton’s lawyer, Robert Logan, claimed there had been visibility “problems” and “the root cause was trees”, even if “with these conditions, he could have driven more carefully”.

While Paton and his solicitor blamed that, a witness driving along the route at 2.30pm on the day of the crash was clear with their testimony. They had been “overtaken by the accused’s Corsa, at the point of a dip in the road, as he approached a blind bend corner described as travelling in excess of 60mph”.

The witness described the driving as “an accident waiting to happen” and recalled how having overtaken, Paton “collided with the rear of her bike causing her to project into the air, strike the vehicle and land in a hedge”. The driver stopped at the scene and said he had not seen the cyclist, although he ultimately pleaded guilty to dangerous driving and causing serious injury, permanent disfigurement and permanent impairment, his driving including overtaking where it was unsafe to do so, driving at excessive speed, failing to observe the cyclist and colliding with her.

Paton had only passed his driving test a few weeks before, the impact of his actions on the victim clear from the sentencing. The prosecutor explained how the cyclist spent a month in hospital before being released to a rehabilitation facility.

“She presented difficulties learning and difficulties recalling certain events,” the court heard. “During rehab, she required assistance with cognitive rehabilitation, memory recall, independent mobility, remembering dates, and functional activities like washing dishes.

“She still experiences difficulties but there has been some improvement. Cycling was her main hobby, she went on cycling holidays and described the effects [of the crash] as devastating.”

The defence solicitor Mr Logan claimed his client was “genuinely remorseful” and had not driven since the crash. Despite this, Mr Logan tried to blame “problems” with the road conditions on the day, claiming: “I’m familiar with the locus and it does cause problems. I understand the root cause was trees — with these conditions, he could have driven more carefully.”

Sheriff Mhari MacTaggart opted against a custodial sentence, instead ordering Paton to complete 280 hours of unpaid work as part of a three-year community payback order.

“I do not need to rehearse how dreadful that crash was,” she said. “When something like this happens in an instant, it is not just one life ruined. I have to think about the cyclist, but have decided not to take away your liberty. You will do unpaid work in the community and be on supervision. Any amount of money you could earn wouldn’t compensate. There will be no discount — the only discount is not going to jail.”