Fine for Scrabster driver who was 'feared dead' in accident

Witnesses to a road accident feared that the driver of the vehicle – which crashed through a fence and rolled over in a field – had died.

Kenneth Kay displayed no sign of life at first, Wick Sheriff Court was told on Wednesday.

However, fiscal David Barclay said that “after a moment or two” there was movement and the 35-year-old survived.

Kay, of Nells Cottage, Holborn Place, Scrabster, admitted a charge of careless driving, reduced from one of dangerous driving.

The occupants of another vehicle were said to have observed Kay lose control at a bend on the Stainland Straight of the A9 near Thurso, on October 2, last year.

“Their impression,” said Mr Barclay, "was that the driver had been travelling at the wrong speed to safely negotiate the bend."

The fiscal continued: “Kay wasn’t moving and, given the damage to his vehicle, they initially thought he was dead. After a moment or two, however, he was seen to be moving and showing signs of life. While his injuries were not life-threatening, he was found to have a bleed on his brain and a number of broken ribs.

"In all the circumstances he was very fortunate.”

Solicitor George Mathers said that Kay, a driver/scaffolder, had “absolutely no recollection of the accident other than seeing the fence coming towards him”.

He added that it had rained prior to the accident. Water was running across the road and Kay thought that this might have caused him to lose control.

Kay, a father of three, was taken to Caithness General Hospital where medical staff were “very much concerned” by the bleed on his brain.

Mr Mathers said: “Mr Kay is still being treated for ongoing brain damage which affects his memory and does not know when he will be able to return to work, although he hopes that will be sooner rather than later.”

The solicitor added that the accused’s family had also suffered because of his actions, which had understandably put pressure on their finances.

Kay was fined £300 and incurred six penalty points.

Sheriff Andrew Berry said that he had refrained from imposing disqualification but commented that the degree of carelessness was ‘significant’.