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Fife woman escapes driving ban despite court hearing 87-year-old man she knocked down has lost his independence

The junction of Alford Avenue and Brodick Road, Kirkcaldy.
The junction of Alford Avenue and Brodick Road, Kirkcaldy.

A Fife woman has avoided a driving ban despite knocking down a pensioner in a Kirkcaldy street in September.

Moira Duncan, 53, pled guilty to a careless driving charge at Kirkcaldy Sheriff Court after colliding with an 87-year-old man as he tried to cross Alford Avenue on the morning of September 19.

The court heard Duncan had been making a right turn into Alford Avenue at around 9.45am and had effectively cut the corner as she passed a bus that had stopped to pick up passengers.

She did not see the pensioner around three quarters of the way across the road and struck him with the front offside of the vehicle.

Fiscal depute Nicola Henderson said the impact had caused a dent on the bonnet and a crack in the windscreen. The victim landed on the road after hitting his head.

Duncan immediately got out of the car to check on the man and admitted to police she had been driving.

The pensioner suffered a broken nose, bruising to his right eye, a large haematoma at the right side of his forehead and was kept in hospital for several days.

Ms Henderson said he was bed-bound on his return home, still suffers from pain and headaches and relies a great deal on friends and family members.

“Prior to this he was an independent individual who walked outside daily but is no longer able to do that,” the fiscal added.

“He now has balance problems and problems with his movement.

“He has become very anxious near roads and suffers from daily headaches and increased pain in his back and shoulders.”


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Duncan’s solicitor Alan Davie said his client was “extremely sorry” about the impact the accident had had on the victim, adding she was “understandably very concerned” about the consequences.

“It was a lapse of attention which had led to her colliding with the individual in question.

“Due to the bus remaining stationary and the doubt that caused, she decided to pass the bus meaning she had to encroach on to the opposing carriageway.

“But she, for some reason, hasn’t registered that there was a pedestrian crossing the road she was turning into.”

Mr Davie said his client was anxious to avoid being disqualified from driving due to the effect it would have on her family life and her employment.

Sheriff Pino Di Emidio said Duncan’s “misjudgement” had caused a “significant level of harm” to the man involved, but took into account her guilty plea.

He fined her £400 and imposed six penalty points on her licence.