The family of a Tayside cyclist killed in a crash with a bus are suing the driver of the vehicle for more than £100,000.
Robert Don, 53, was involved in a collision with a Parks of Hamilton bus being driven on the A9 by Andrew Blyth on December 30 2013.
Mr Blyth was found not guilty by a jury of careless driving in March.
But now a civil case has been launched at the Court of Session in Edinburgh against the South Lanarkshire man by Mr Don’s partner of more than 20 years, Mary Docherty, 59, and other family members.
It is understood that if the claim proves successful, Ms Docherty and Mr Don’s family could be in line to receive more than £100,000 altogether.
The tragedy occurred when Mr Don was cycling back to his home on Amulree Court in Perth after visiting his sister in Luncarty.
He was cycling south along the A9 towards Perth, near the Inveralmond roundabout, in dark and rainy conditions when he was in collision with a coach being driven by Mr Blyth.
A cycle path that runs alongside the busy road was flooded at the time and impassable, which is thought to have caused Mr Don to take to the road.
Mr Don was not wearing high-visibility clothing and didn’t have a helmet on at the time of the crash.
He suffered a head injury and died in hospital more than a week later.
During a trial at Perth Sheriff Court, Mr Blyth, of Hamilton, told a jury he heard a bang and stopped the coach a short distance further down the road before he realised what had happened.
Mr Blyth said he never saw Mr Don and none of the 19 passengers did either.
Mr Don was transferred to Ninewells Hospital in Dundee but died on January 8 2014.
During the trial, the Crown was unable to prove beyond reasonable doubt that Mr Blyth was guilty of careless driving.
But in civil cases such as this, Ms Docherty’s solicitors have only to satisfy the court on the balance of probabilities that Mr Blyth’s alleged negligence contributed to the incident that led to Mr Don’s death.
At the time, Mr Don’s sister Jane Don paid tribute to her brother.
She said: “Robert didn’t like sitting around — he was always finding something to do.
“He will be sorely missed by all his friends and family.”
A spokesman for Digby Brown Solicitors, who are representing Ms Docherty, said today: “This is a tragic case.
“As this is an ongoing matter before the court, it would not be appropriate for us to comment further at this time.”
Ms Docherty declined to comment on the case. Mr Blyth couldn’t be reached before going to press.
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