Wouldn't mind seeing the video of this - I mean, it sounds like if the pedestrian
hadn't tripped then nothing would have happened, yet the driver is deemed to have been able to stop if he'd been paying sufficient attention.
Don't want to doubt the sherrif, lawyers etc in this particular case, but there are certainly plenty of people around who think that if a driver hits someone on the carriageway it's always the driver's fault - imagine someone like that on a jury, for example
It's like if you hit a dog, cat, deer, fox, badger, pheasant etc - which we've all done - then it's automatically your fault. Of course, the difference with a pedestrian is that you won't be prosecuted for hitting wildlife, irrespective of whether or not you could have stopped if you'd been paying attention
Taxi driver admits causing death of Clydebank pensioner James MalloyA TAXI driver who ran over a pensioner wishes he hadn't gone to work that day, a court has heard.Allan McIntyre drove over James Malloy, moments after the 82-year-old tripped and fell on Chalmers Street.
Horrified onlookers shouted "stop! stop!" as the entire incident lasted just seconds.
At Dumbarton Sheriff Court on December 3, McIntyre, 49, pleaded guilty to careless driving and not showing due care and attention that led to Mr Malloy's death last April.
The pensioner was a life-long Bankie and had worked in the shipyards. Members of his family attended the hearing.
He was walking south on Sylvania Way on Saturday, April 15, 2023 and was believed to be heading to catch a bus home from the stops on Chalmers Street.
CCTV shown in court looked down towards the taxi rank on Alexander Street, with McIntyre's silver London taxi initially facing south.
At 11.41am, as Mr Malloy appears on camera, he approaches the edge of the pavement, just to the west of the crosswalk.
The taxi does a U-turn on Alexander Street, approaching the intersection and indicating he was going to turn right onto Chalmers Street.
At that moment, Mr Malloy briskly steps out to cross the road, spots the taxi, "panicking", trips, and the taxi drives over him.
Several witnesses saw what happened, with the taxi bumping over the man and then again with his back wheels.
Fiscal depute Anna Robertson said: "Several members of the public within the cafe were shouting, 'stop, stop'".
Sheriff William Gallacher asked: "He was unaware the collision had happened?"
"Yes," replied the fiscal.
The court was told McIntyre was not distracted by a phone, he was not impaired by substances and he passed an eyesight test.
Sheriff Gallacher said Mr Malloy may have erred by crossing where he did, but the driver should have seen him.
Ms Robertson said it was a hazard the driver should have been looking out for.
McIntyre, of Attlee Avenue, Clydebank, pleaded guilty to driving without due care and attention or without reasonable consideration for other persons and failing to observe a pedestrian where he collided with Mr Malloy causing him to be so severely injured that he died.
His defence KC told the court that his client, "expresses unreserved remorse and sympathy for the tragic death".
"This case is a source of immeasurable regret," he said. "He wishes he did not attend work on that date."
Sheriff Gallacher said: "You wish you could undo what occurate. Mr Malloy's family do not have that option.
"He was perfectly fit and capable and his loss I'm sure is a tragic event his family will have to live with for the rest of their lives.
"You did not pay adequate attention."
Sentence was deferred until January 6 for reports to be prepared. McIntyre was disqualified from driving in the interim.
Addressing Mr Malloy's family who were in court, the sheriff added: "Nothing I can do will undo the tragedy."
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