A YOUNG motorist knocked down a cyclist during a ''momentary lapse'' of concentration to clean a fly smear from his windscreen, a court heard yesterday
The injured cyclist died four day later in hospital
Stirling Sheriff Court was told that Richard Beer, 37, might not have died had he been wearing a helmet but Scottish Amicable, Stirling, insurance clerk Keith Wilson, 18, could have avoided hitting him if he had been paying attention.
The court heard that Mr Beer was stuck by Wilson's car as he cycled across a bridge over the M9 at Craigforth, Stirling, near the young car driver's office about 3.50pm on August 11.
Depute-fiscal Mike McMahon said Mr Beer, from Henley-on-Thames, by London, had been visiting the Blairdrummond Safari Park with his family and had taken his bicycle with him to go for a ride while they looked at the animals.
Mr McMahon said Mr Beer had been unable to find his helmet and had decided to set off without it.
He said as he was crossing the bridge on the way back to the safari park, Mr Beer's rear wheel was struck by Wilson's car.
He said: ''As a result of the impact Mr Beer was thrown off his bicycle and he suffered a head injury which transpired to be fatal.''
Mr McMahon said there was no sign that Wilson's car had braked before the accident, there was no other traffic passing in either direction, and Mr Beer's had been cycling only three feet from the kerb.
He said: ''This was a situation where the driver of the car had not allowed proper room for overtaking.
''There was no evident of excessive speed on the part of the car driver, but equally there was no evidence of evasive action being taken by him before the collision.
''All the skid markings on the road show that braking took place only after the collision had occurred.''
Wilson, of Corbiewood, Bannockburn, Stirlingshire, pled guilty to careless driving and causing an accident in which Mr Beer received severe injuries. He was not charged with causing his death.
Defence agent Wendy Thomson said Wilson was passing the cyclist when he noticed a fly smear on his windscreen.
She said: ''He turned on his windscreen washers and during that second or two the collision occurred. He fully accepts that a momentary lapse of concentration on his part caused the accident.
''Unfortunately, the tragic consequences were totally disproportionate to the level of his carelessness.
''It may be the case that had the deceased been wearing a cycle helmet, he might still be alive.''
Sheriff Robert Younger fined him #150 with six points endorsed.
He said: ''I have to consider the level of carelessness rather than the consequences of this tragic accident. As I understand it, you were aware of the bicycle, and yet you ran into the back of it.''
Outside court, Wilson refused to comment but safer driving campaigners called the sentence ''derisory''.
Ms Wendy Moss, co-chair of the Scottish Campaign Against Irresponsible Drivers, said Wilson should have been made to pay heavily for his mistake.
She said: ''It's all a question of how much we value human life. A fine like this is almost what you'd expect for killing a dog. The sheriff has sent out entirely the wrong message to young drivers.''
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