The survivor of a fatal road crash in rural Angus told a court there was “no time” to react as she watched an eight-tonne tractor and trailer cross into her path.
Dorothy Stables, 71, recalled the “terrifying” collision at the crossroads, which killed backseat passenger Linda Thomson.
Forfar Sheriff Court heard how Mrs Thomson, who was taking her dog to the vet at the time, had been making an “amazing recovery” from a debilitating infection that forced her to relearn how to talk.
Tractor driver Duncan Lamond has admitted causing the 56-year-old’s death by careless driving at the B9127 and B9128 junction, near Lochair, on July 28, 2021.
He failed to give way and drove his John Deere tractor – towing a crop sprayer – into the path of Mrs Stables’ Volkswagen Polo.
Despite his guilty plea, Lamond’s lawyers say there are “special reasons” he should not be disqualified from driving.
They argue the 43-year-old pulled out in front of Miss Stables’ car because he thought she was turning left into the junction from which he was emerging.
A proof hearing at Forfar Sheriff Court on Monday focused on whether the Volkswagen Polo had been indicating left before the smash.
‘No time’ to react
Miss Stables, from Letham, told the hearing she had picked up her friend and neighbour Mrs Thomson – along with her dog – at around 7.45am that morning.
She was giving her a lift to a vet in Carnoustie.
She told the court she spotted Lamond’s tractor as she neared the crossroads.
“I could see that he wasn’t slowing down as he approached the junction.
“There was no time to do anything.
“Within a second or two, it was ‘bang’ – we’d run into the side of the tractor.”
Miss Stables told fiscal depute Marie Lyons she did not have her indicator on and had no intention of turning left.
“He (Lamond) came up to my car and that was when he said that I had my indicator on.
“I said that I hadn’t but I wanted him to take a look at Linda in the back seat.”
The court heard when her Polo was restarted following the crash, the left indicator was engaged.
However, it is impossible to say if it came on before or during the collision.
Asked if she may have left her indicator switched on after the previous junction, Miss Stables said she never used her indicators when there were no other cars on the road.
“That’s just the way I was taught to drive,” she said.
The court was told Miss Stables suffers PTSD as a result of the crash.
Her treatment is being funded by the National Farmers Union.
Insists indicator was on
Lamond, of Finlay Drive, Arbroath, told the court he “definitely” saw Miss Stables’ Polo left indicator operating before he pulled into the road.
The father-of-two said her car was travelling slower than most he had seen on that stretch.
Lamond phoned emergency services after the crash.
He was given advice on how to treat Mrs Thomson while he waited for paramedics to arrive.
Asked what he would have done if the Polo had not been indicating, Lamond said: “I would have stopped.
“It (the indicator) was definitely on. I wouldn’t have pulled out if it wasn’t.”
‘Amazing’ recovery before crash
The court was told Mrs Thomson had been diagnosed with a devastating infection that affected her brain and spinal chord in 2015.
She spent three months in hospital, including more than two weeks in intensive care.
As a result, she suffered from short term memory loss, was unsteady on her feet and had to relearn how to speak.
At the time of the tragic crash, her husband Angus said she had made “an amazing recovery”.
‘Life-changing’ incident
Lamond faces a minimum 12-month driving ban if the court decides there are no special reasons for a more lenient sentence.
He said that puts at risk his home and the job he has held since he was 15.
His employer McEwan Farms, Arbroath, described him as a “most valued and trusted member of staff” but said they could only employ him in a non-driving position for “at most six months”.
Defence counsel Louise Arrol KC, who urged the court not to disqualify her client, said: “This was a horrific series of events that have had life-changing consequences.
“It would have been terrifying at the time.
“It would be some coincidence if Mr Lamond had gone to Mrs Stables’ car, told her her indicator had been on and – low and behold – it was on when the car was restarted.”
Sheriff Derek Reekie said he needed time to consider submissions from both Ms Arrol and Ms Lyons.
He will return to court to deliver his verdict on Monday.
