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Taxi driver spared jail for death of pedestrian, 89

James Buchanan was banned from driving for three years and ordered to carry out 270 hours of unpaid community work after the death of David McQuiston
James Buchanan was banned from driving for three years and ordered to carry out 270 hours of unpaid community work after the death of David McQuiston
PA:PRESS ASSOCIATION ARCHIVE

A taxi driver who caused the death of an 89-year-old man when he was blinded by the sun has been spared jail.

James Buchanan, 50, was banned from driving for three years and ordered to carry out 270 hours of unpaid community work.

Glasgow high court was told that Buchanan had failed to spot David McQuiston walking along the road in Dunoon, Argyll and Bute, with a shopping trolley in January 2015. Mr McQuiston had gone onto the road because the pavement was icy.

Buchanan struck the trolley Mr McQuiston was pulling, knocking him to the ground. Mr McQuiston died two months after the collision.

Buchanan, a taxi driver for 18 years, admitted causing death by careless driving. Judge Lady Carmichael told him: “You should have slowed down when winter sunlight affected your ability to see. Clearly this was not a prolonged course of driving. Mr McQuiston was elderly and walking on the road to avoid icy pavements.

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“You drove for many years as a taxi driver without incident and I accept you are genuinely remorseful.

“However, the harm you caused was devastating. He was a much loved father and grandfather.”

Mr McQuiston had been on his way home after visiting his wife, who had dementia, the court was told.

Tim Niven-Smith, prosecuting, said that Buchanan had failed to spot Mr McQuiston and his car hit the shopping trolley. Mr McQuiston fell and hit his head on the ground.

Buchanan immediately got out of his car and dialled 999. He told one witness: “I could not see him. I did not mean it. It was the glare of the sun.”

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Mr McQuiston was transferred by helicopter to intensive care in Glasgow but he died on March 20, 2015, from a form of pneumonia brought on by the head injury he had suffered.