A recent court hearing in Perth has underscored the critical need for vigilance on one of Scotland’s most significant arterial routes, the A9. An 87-year-old motorist has been found responsible for a severe multi-vehicle crash in the scenic highland stretch of Perthshire, close to the well-known House of Bruar, an incident that tragically left another driver with a serious brain injury.
The events unfolded on Hogmanay 2023, a time when many were travelling through the region. Retired accountant Alan Andrew was behind the wheel when his vehicle veered onto the incorrect side of the road, leading to a head-on impact. Mr. Andrew attributed the momentary lapse to being temporarily blinded by the low winter sun, a factor acknowledged by the court. Severe Consequences for Occupants
The collision, involving three vehicles in total, had immediate and devastating consequences. Robert Falconer, a 43-year-old tourist guide who was driving one of the affected cars, sustained a traumatic brain injury described as a ‘frontal contusion’. He recounted his next memory being in a hospital bed, having experienced 11 days of post-traumatic amnesia following the incident. Beyond the severe head injury, Mr. Falconer also required two surgical procedures for fractures to his tibia and fibula bones in his lower right leg, in addition to suffering seven fractured ribs. His vehicle, a red Kia, was declared a complete write-off, with graphic details emerging that its engine was dislodged due to the force of the impact.
The ripple effect of the crash extended to Mr. Andrew’s own family. His 86-year-old wife, who was a passenger at the time, also endured “fairly traumatic” injuries, a situation that has since led to Mr. Andrew becoming her full-time carer. Court’s Verdict and Road Safety Implications
The trial at Perth Sheriff Court heard compelling evidence, including dashcam footage captured by an off-duty police officer, Gary Barkham, who witnessed the horrific event. The video clearly showed Mr. Andrew’s Range Rover driving against the flow of traffic for several seconds before colliding with Mr. Falconer’s car. Another white Volkswagen Tiguan travelling directly behind Mr. Falconer’s vehicle was also clipped in the chain reaction.
Despite Mr. Andrew’s defence of sun blindness, Sheriff Elizabeth McFarlane concluded that his driving fell significantly below the standard expected of a competent and careful driver. While accepting the sun’s potential impact on his vision, the Sheriff highlighted the crucial failure in his response time, noting that his wife repeatedly warned him of the oncoming vehicle, yet he took no evasive action over a considerable distance of 300 to 400 yards, while travelling at 50mph. Despite his age and the incident, it was noted that Mr. Andrew had been driving since the age of 21 and had no pre-existing eyesight problems.
As a result of his conviction for dangerous driving, Mr. Andrew was issued a fine of £3,000 and banned from driving for a period of one year. This judicial outcome serves as a stark reminder to all motorists, particularly on well-travelled routes like the A9 through Perthshire, of their continuous responsibility to adapt to changing road conditions and respond promptly to hazards, even those beyond their immediate control.
For Mr. Falconer, the long-term impact of the crash remains significant, affecting his ability to engage in once-loved activities like snow sports. He has, however, made strides in his recovery, gradually regaining his physical capabilities. Legal proceedings are ongoing regarding a separate personal injury claim, which is expected to provide him with appropriate compensation for the trauma and losses incurred.
The A9, a lifeline for many commuters and tourists through the heart of Scotland, faced an extensive closure following the accident, remaining shut until 5:20 pm, causing considerable disruption. This incident, near a familiar landmark like the House of Bruar, resonates deeply within the Perth and Kinross community, reinforcing the ongoing conversations about road safety and the need for heightened awareness from every driver on our local roads.
The events unfolded on Hogmanay 2023, a time when many were travelling through the region. Retired accountant Alan Andrew was behind the wheel when his vehicle veered onto the incorrect side of the road, leading to a head-on impact. Mr. Andrew attributed the momentary lapse to being temporarily blinded by the low winter sun, a factor acknowledged by the court. Severe Consequences for Occupants
The collision, involving three vehicles in total, had immediate and devastating consequences. Robert Falconer, a 43-year-old tourist guide who was driving one of the affected cars, sustained a traumatic brain injury described as a ‘frontal contusion’. He recounted his next memory being in a hospital bed, having experienced 11 days of post-traumatic amnesia following the incident. Beyond the severe head injury, Mr. Falconer also required two surgical procedures for fractures to his tibia and fibula bones in his lower right leg, in addition to suffering seven fractured ribs. His vehicle, a red Kia, was declared a complete write-off, with graphic details emerging that its engine was dislodged due to the force of the impact.
The ripple effect of the crash extended to Mr. Andrew’s own family. His 86-year-old wife, who was a passenger at the time, also endured “fairly traumatic” injuries, a situation that has since led to Mr. Andrew becoming her full-time carer. Court’s Verdict and Road Safety Implications
The trial at Perth Sheriff Court heard compelling evidence, including dashcam footage captured by an off-duty police officer, Gary Barkham, who witnessed the horrific event. The video clearly showed Mr. Andrew’s Range Rover driving against the flow of traffic for several seconds before colliding with Mr. Falconer’s car. Another white Volkswagen Tiguan travelling directly behind Mr. Falconer’s vehicle was also clipped in the chain reaction.
Despite Mr. Andrew’s defence of sun blindness, Sheriff Elizabeth McFarlane concluded that his driving fell significantly below the standard expected of a competent and careful driver. While accepting the sun’s potential impact on his vision, the Sheriff highlighted the crucial failure in his response time, noting that his wife repeatedly warned him of the oncoming vehicle, yet he took no evasive action over a considerable distance of 300 to 400 yards, while travelling at 50mph. Despite his age and the incident, it was noted that Mr. Andrew had been driving since the age of 21 and had no pre-existing eyesight problems.
As a result of his conviction for dangerous driving, Mr. Andrew was issued a fine of £3,000 and banned from driving for a period of one year. This judicial outcome serves as a stark reminder to all motorists, particularly on well-travelled routes like the A9 through Perthshire, of their continuous responsibility to adapt to changing road conditions and respond promptly to hazards, even those beyond their immediate control.
For Mr. Falconer, the long-term impact of the crash remains significant, affecting his ability to engage in once-loved activities like snow sports. He has, however, made strides in his recovery, gradually regaining his physical capabilities. Legal proceedings are ongoing regarding a separate personal injury claim, which is expected to provide him with appropriate compensation for the trauma and losses incurred.
The A9, a lifeline for many commuters and tourists through the heart of Scotland, faced an extensive closure following the accident, remaining shut until 5:20 pm, causing considerable disruption. This incident, near a familiar landmark like the House of Bruar, resonates deeply within the Perth and Kinross community, reinforcing the ongoing conversations about road safety and the need for heightened awareness from every driver on our local roads.