DETERMINATION INTO THE CIRCUMSTANCES OF THE DEATH OF JASON MACINTYRE UNDER FATAL ACCIDENT AND SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976 [2010] ScotSC 94 (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 94 (20 May 2010)

Jason Macintyre's death was caused by a major and irremediable head injury sustained in a collision with a Ford Transit pick-up driven by Robert MacTaggart, who failed to keep a proper lookout when turning right across Mr Macintyre's path. The accident might have been avoided if Mr MacTaggart had exercised greater care and attention, and there is a real possibility it might have been avoided if Mr Macintyre had been wearing high visibility clothing.

Citation
[2010] ScotSC 94
Parties
Procurator Fiscal: Alison Wylie; Widow of the Deceased: Caroline Macintyre; Father of the Deceased: Father of the deceased; Driver of Vehicle Involved: Robert MacTaggart; Employer of Driver/owner of Vehicle: Highland Council
Jurisdiction
Scotland
Judgment Date
20 May 2010
Procedural Posture
Fatal Accident Inquiry / Determination After Full Inquiry
Outcome
Determination issued with findings and recommendations under Section 6 of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 1976.
Legal Topics
Fatal Accident Inquiry, Road Traffic Accident, Negligence, Duty of Care, Cyclist Safety
Public Law Personal Injury Road Traffic Law Fatal Accident Inquiry Road Traffic Accident Negligence Duty of Care Cyclist Safety

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Parties

Alison Wylie

Procurator Fiscal

Caroline Macintyre

Widow of the Deceased

Father of the deceased

Father of the Deceased

Robert MacTaggart

Driver of Vehicle Involved

Highland Council

Employer of Driver/owner of Vehicle

Procedural Posture

Fatal Accident Inquiry / Determination After Full Inquiry

Legal Issues

  1. 1 What were the circumstances and causes of Jason Macintyre's death?
  2. 2 What reasonable precautions might have avoided the death?
  3. 3 Are there other relevant facts or recommendations to prevent future deaths?

Ratio Decidendi

Jason Macintyre's death was caused by a major and irremediable head injury sustained in a collision with a Ford Transit pick-up driven by Robert MacTaggart, who failed to keep a proper lookout when turning right across Mr Macintyre's path. The accident might have been avoided if Mr MacTaggart had exercised greater care and attention, and there is a real possibility it might have been avoided if Mr Macintyre had been wearing high visibility clothing.

Court Disposition

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

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.