A motorist has told a court how he blacked out moments after an “inexplicable” head-on smash in Kinross-shire.
Learning development specialist Cameron Die Konigin was driving down the B9097 near Gairney Bridge when he was struck by a van turning onto the M90.
The 53-year-old said he slipped into unconsciousness before being roused by voices coming from his vehicle’s onboard crash detection system.
Mr Die Konigin’s car was written off and he suffered concussion for weeks after the collision.
Van driver Mark Aitken was convicted of causing the crash on February 17 last year, following a trial at Perth Sheriff Court.
The self-employed joiner had denied a charge of driving dangerously while using his mobile.
He was found guilty of a reduced charge of driving without due care and attention, with Sheriff William Gilchrist accepting he had not been on his phone.
Confused by voices
Mr Die Konigin told the court how he felt “panic” when he saw the van moving into his path.
“I could not see how I was going to stop in time,” he said.
Asked by fiscal depute Duncan McKenzie if he was injured, the witness said: “I would have been unconscious for a period of time.
“The car automatically contacts emergency services if a crash is detected.
“I remember all these people talking to me and I didn’t know where the voices were coming from.”
He said: “I was getting annoyed because I was getting asked all these crazy questions inside the vehicle and I had someone outside the car asking about my welfare.
“It was all a bit much for me.”
Mr Die Konigin said he was trapped inside.
“The van caused the driver’s side to shut and the passenger door was up against a barrier.”
He eventually managed to squeeze himself out through a gap in one of the doors.
Once outside, Aitken began apologising to him.
“I think he was also glad I was okay,” Mr Die Konigin said.
‘Lapse in judgement’
Aitken, 33, told the court he had been driving home after picking up a new garage door.
“I think it was just a lapse of judgement,” he said.
“I was focusing on the garage door in the back.”
He said he may have been distracted by two white cars driving in succession on the opposite carriageway.
“It may seem ironic but I class myself as quite a good driver and I kept asking myself how have I done this?”
Much of the trial hinged on whether Aitken was operating his mobile phone while behind the wheel.
Dashcam footage showed what Mr Die Konigin described as a “white device” above the van’s dashboard at the moment of impact.
Aitken said the phone had been in a cradle and may have shot out as he braked suddenly.
Sheriff Gilchrist said he was “obviously not on his phone” and added: “With some hesitation, I will convict Mr Aitken of careless driving.”
Fining him £500 and imposing six penalty points, the sheriff told Aitken: “You are fortunate not to have been convicted of dangerous driving.
“It is inexplicable that you didn’t see this oncoming vehicle.”
Before the trial Aitken, of Oakbank Road, Perth, tendered a guilty plea to the same charge of he was eventually convicted but the plea was rejected by prosecutors.
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