DETERMINATION INTO THE CIRCUMSTANCES OF THE DEATH OF JASON MACINTYRE UNDER FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2010] ScotSC 93 (20 May 2010)

DETERMINATION INTO THE CIRCUMSTANCES OF THE DEATH OF JASON MACINTYRE UNDER FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2010] ScotSC 93 (20 May 2010)

Jason Macintyre's death was caused by a major and irremediable head injury sustained in a collision with a Highland Council vehicle driven by Robert MacTaggart, whose failure to keep a proper lookout and lack of attention led to the accident. The accident might have been avoided if Mr MacTaggart had exercised greater care and if Mr Macintyre had worn high visibility clothing. The wearing of a helmet would not have prevented the death.

Citation
[2010] ScotSC 93
Parties
Procurator Fiscal: Alison Wylie; Widow of the Deceased: Caroline Macintyre; Father of the Deceased: John MacIntyre; Driver Involved: Robert MacTaggart; Employer of Driver/vehicle Owner: Highland Council
Jurisdiction
Scotland
Judgment Date
20 May 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Evidentiary Hearing
Outcome
Determination made under Section 6 of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976; recommendations issued.
Legal Topics
Fatal Accident Inquiry, Road Traffic Accident, Negligence, Cyclist Safety, Employer Liability
Public Law Personal Injury Road Traffic Law Fatal Accident Inquiry Road Traffic Accident Negligence Cyclist Safety Employer Liability

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Parties

Alison Wylie

Procurator Fiscal

Caroline Macintyre

Widow of the Deceased

John MacIntyre

Father of the Deceased

Robert MacTaggart

Driver Involved

Highland Council

Employer of Driver/vehicle Owner

Procedural Posture

Fatal Accident Inquiry / Determination After Evidentiary Hearing

Legal Issues

  1. 1 What caused the death of Jason Macintyre?
  2. 2 What reasonable precautions might have avoided the death?
  3. 3 Are there any other relevant facts to the circumstances of the death?

Ratio Decidendi

Jason Macintyre's death was caused by a major and irremediable head injury sustained in a collision with a Highland Council vehicle driven by Robert MacTaggart, whose failure to keep a proper lookout and lack of attention led to the accident. The accident might have been avoided if Mr MacTaggart had exercised greater care and if Mr Macintyre had worn high visibility clothing. The wearing of a helmet would not have prevented the death.

Court Disposition

Determination made under Section 6 of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976; recommendations issued.

Orders

  • Recommendation that all motorists keep a proper lookout when turning across opposing carriageways.
  • Recommendation that all cyclists wear high visibility clothing on public roads.