A pensioner ran down a schoolgirl in Angus as a lollipop lady helped pupils across the road.
At Forfar Sheriff Court, David Smith pled guilty to careless driving in Edzell in December 2023.
The court heard it was a rainy afternoon when Smith passed crossing patroller Lisa Ross and struck the schoolgirl, who landed on his bonnet.
The girl, who cannot be identified for legal reasons, was taken to Ninewells with bruising to her arm, leg and hip. She had a delayed concussion.
Ms Ross had faced redundancy earlier that year but parental pressure forced Angus Council into a U-turn.
Crossing crash
Prosecutor Jill Drummond said the girl finished school at 3.20pm and went to get picked up by her mother, who was parked outside the nearby health centre.
“She saw her daughter making her way to the school crossing patroller.
“There are clearly marked warning signs with flashing orange lights activated during school crossing periods.
“(The lollipop lady) was performing her duty as school crossing patroller and wearing her full high-vis trousers, jacket and traditional lollipop stick.
“She had her back towards the accused’s vehicle. The accused was travelling north out of Edzell.
“At 3.25pm, the child has crossed the road and the accused has collided with her.
“The child has fallen onto the bonnet of the accused’s car and onto the ground a few metres away.
“The accused has stopped his vehicle and remained at the locus.
“An ambulance attended to convey the child to Ninewells.”
Ms Drummond said Smith passed the lollipop lady “in close proximity” in the moments before the collision.
‘Momentary lapse in judgement’
Solicitor Nick Whelan, whose client has driven since 1974 without accruing any convictions, said: “The point of impact was several metres away from where the crossing patrol person was.
“The child had run across the road beyond the crossing patroller.
“My client’s perception was the patroller was walking back towards the pavement, so he kept going.
“He should have waited until she was back on the pavement.
“The child collides with the driver’s side wing of the car. He should have been stationary.
“He thought the road was clear. He thought there was no-one else on the crossing.
“He says he stopped and moved off… prematurely.
“It’s been a momentary lapse of judgement. He’s never had a road traffic conviction in around about 50 years of driving.
“It’s always been his position that he’s accepted responsibility for careless driving.”
‘Very, very careless’
79-year-old first offender Smith, of Arduthie Gardens in Stonehaven, admitted a reduced charge of driving carelessly on December 7 in 2023, having initially faced an allegation of dangerous driving.
He admitted he struck the schoolgirl and caused her to land on the bonnet of his car then fall onto the roadway.
An allegation Smith was driving with a misted windscreen was removed from the charge.
Sheriff Derek Reekie imposed nine penalty points on Smith’s licence and told the pensioner his discount for pleading guilty was not being disqualified.
Fining Smith £790 altogether, the sheriff labelled the offence “a very, very careless manoeuvre”.
He added: “The Crown have accepted a plea to careless driving which I’m obliged to sentence you on but driving past a crossing lady is the top end of carelessness in my view.”
Lollipop lady saved
Months before the collision, Angus Council’s plans to axe the role Ms Ross had fulfilled for three years were met with firm community resistance.
In January and February of 2023, more than 275 people signed a petition to keep her in place.
Community council chairman Gus Leighton offered to pay 10% of the lollipop lady’s wages.
Angus Council u-turned and Ms Ross remained in place at the Lethnot Road school.
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