A careless driver who struck a pedestrian in a McDonald’s car park – putting her in hospital for five days – tried to blame her victim, claiming she “fabricated a story” to claim insurance money.
Sharon Murray made the baseless allegation as she argued seamstress Dawn Farrell hit her car while it was stationary, because “she wasn’t paying attention.”
A sheriff rejected bank worker Murray’s version of events, describing her evidence as “inconsistent and muddled.”
The 48-year-old was originally charged with dangerous driving following the collision at the Broxden drive-thru, on the edge of Perth, on May 25, last year.
Following a trial at the city’s sheriff court she was convicted of a lesser charge of careless driving.
‘Twisted’ to avoid ‘full force’ of car
The court heard Ms Farrell and her sister Sandra Topping were travelling to Edinburgh in a campervan when they stopped at McDonald’s.
Leaving the diner with drinks and chicken nuggets, the pair spotted Murray’s Volkswagen Golf entering the site “at speed”.
“The car sped towards us,” said Ms Farrell, 54.
“Then the driver braked sharply, before accelerating again.
“I saw her at the wheel, scrunching forward.”
Ms Farrell said: “I tried to twist out of the way.
“If I hadn’t moved, I would have been hit by the full force of the car.”
The witness said the vehicle struck her elbow and as she “twisted”, the side of her hip was hit by the car’s wing mirror.
Ms Farrell said her drink flew out of her hand but she kept her feet.
“I told her she hit me and made me drop my drink.
“She said: ‘Well, I’ll buy you another drink then’.
“I didn’t want another drink – I just wanted her to stop the car and speak to me.”
Murray told her: “I didn’t touch you.”
Ms Farrell said: “I asked for her details but she said she wouldn’t give them to me because she said she hadn’t hit me.
“I said that we’d phone the police and ask them to come and that’s when she drove away.”
Injuries
The court heard Ms Farrell was taken to A&E in Perth Royal Infirmary, before being transferred to Ninewells for x-rays.
She spent five nights in hospital with soft tissue and ligament damage.
She underwent two MRI scans to check for further injuries.
Asked by fiscal depute Stephanie Hendry if she was now fully recovered, Ms Farrell said: “Not 100%. I’m still going through therapy with my arm and I have issues with my hip.”
Accused’s evidence
Murray told her trial she drove out of a parking space at McDonald’s towards the exit at about 10-to-15mph and saw the two women on the road.
“She (Ms Farrell) had food, drink and a big receipt in her hand. She wasn’t paying attention.”
Murray said she applied the brakes and looked over her shoulder.
When she turned back, the two women had disappeared from view.
“I revved my car.
“That must have given her (Ms Farrell) a fright and she hit my wing mirror with her arm.”
She said the women then accused her of trying to run them over.
“I was saying it never happened. The conversation was just going round in circles.”
The mother-of-two said she would have given her details if she thought there had been an accident but “nothing occurred.”
She drove out of the car park, called her husband and drove home to Livingston.
She said her life had been difficult since the collision.
“My work told me I might lose my job for I don’t know what – because I was stationary in a car park?”
Murray added the sisters’ evidence was “a fabricated story because they’re wanting insurance money.”
Conviction
Sheriff Gary Sutherland found Murray guilty of careless driving and failing to leave her name and details following an accident.
He said she was driving “somewhat too quickly” but not at an excessive speed.
Murray, of Sutherland Way, Knightsbridge, broke down in the dock as she was fined £600 with 11 points added to her licence.
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