A lorry driver pulled onto a Fife dual carriageway from a lay-by and caused a crash which he failed to even notice, a court has heard.
Wojciech Bednarski, 49, exited the lay-by onto the A92 Crossgates-Cowdenbeath road in front of Jeanette Heagney’s Honda Civic, causing her to swerve and hit another car before striking the lorry trailer and spinning out of control.
Kirkcaldy Sheriff Court heard Bednarski, delivering chilled food to the Glenrothes area for a Broxburn firm, drove on without realising there had been an accident.
His defence lawyer said the first offender had a “momentary lapse in concentration” and had not been involved in any other incidents in nine years of lorry driving in the UK.
Bednarski, of Bishopbriggs, assisted by a Polish interpreter in court, pled guilty to careless driving. on December 8 2021.
Collision
Prosecutor Sarah Smith told the court Ms Heagney was driving east with passenger Anthony Heagney at around 7am.
Bednarski indicated as he manoeuvred the HGV from the lay-by into lane one, as another driver was travelling east at the same location in lane two.
As Bednarski pulled out, he caused Ms Heagney behind to take “evasive action by swerving from lane one to lane two” and make contact with the other vehicle, the fiscal said.
Ms Smith said the woman’s car then collided with the rear offside of the lorry trailer and “spun out of control” onto the central reservation.
The driver of the other car carried on a short distance, then returned on foot to assist the Heagneys, who were both trapped in the car.
The fiscal depute said the road was closed until around 11.20am.
Defence lawyer Waqqas Ashraf said Bednarski had pulled into the lay-by to check the road conditions ahead.
He said the accident was “unknown to him at the time” and he carried on “not knowing the collision behind him had taken place”.
He noticed damage to his trailer at his first drop-off and returned to the depot, where the collision was seen on the HGV’s cameras.
Mr Ashraf said: “When advised about what took place, he was shocked.”
He said: “My submission is this was over a very short period of time and it was a momentary lapse in concentration and something that he completely regrets”.
Bednarski still works as a lorry driver covering 70,000 miles per year but for a different firm based in Glasgow.
There have been no other offences since the “quite traumatic” accident.
Mr Ashraf said Bednarski was a platoon commander in the Polish army, latterly working as an instructor at an academy in Poland.
The lawyer argued for the imposition of penalty points rather than driving disqualification, which would mean Bednarski losing his job.
‘Lethal vehicle’ warning
Sheriff John MacRitchie said: “I have often said that there are few people who go through life without having one aberration; in this case it’s you not properly checking that it was safe for you to exit the lay-by.
“I’m satisfied the public interest is served by you retaining your licence in these circumstances.”
The sheriff gave him seven penalty points and fined him £600.
Sheriff MacRitchie added: “Just remember you are driving a lethal vehicle if you get things wrong.”
Bednarksi had originally faced a more serious charge of dangerous driving and causing injury .
A not guilty plea of failing to stop after an accident was accepted by the prosecutor.
Rubber-neckers
In the wake of the accident, Police Scotland reported it was disappointed to note the number of rubber-neckers driving past and filming the accident site.
One was given an immediate £200 fine and six penalty points.
Construction boss Derek Rutherford, of Lochgelly ended up in court to admit driving carelessly by holding up a mobile phone while passing a serious road accident with emergency personnel, while not in proper control of the vehicle.
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