The wife of a Tayside motorcyclist killed by a driver who pulled out in front of him at a junction said motorists “must do more” to protect vulnerable road users.
Jon Marsh, from Brechin, was killed after becoming trapped under the wheels of Angela Addis’ MG car in November 2022.
Addis admitted causing death by careless driving and was ordered to complete 140 hours of unpaid work at Dundee Sheriff Court on Monday.
The 45-year-old teacher was also banned from driving for a year and placed under supervision for the same period.
Sentencing questioned
Speaking outside court after the sentencing hearing, Jon’s wife Tracey said: “Today the sheriff handed down a sentence for causing death by careless driving
“Carelessness, to me, is forgetting where you placed your house keys, letting the pan boil over or wearing odd socks – it’s not the act of taking someone’s life and shattering the world of those close to them.
“I question how a penalty of 140 hours of community service acts as deterrent to others or sends any sort of message about our collective responsibility towards vulnerable road users.
“Poor driving has consequences and those on four wheels need to be reminded to take another look for those on two.
“If Jon’s death is to mean anything, we must do more.”
Toll on motorcyclists
A total of 467 motorcyclists were killed or injured in road collisions in 2022, according to Scottish Government figures, representing 8% of all casualties and a 2% rise compared to 2021.
Motorcyclists represent only 1% of all road users but of the 467 casualties, 280 motorcyclists were seriously injured and 25 died.
Personal injury solicitors, Motorcycle Law Scotland – who supported Mrs Marsh – said their analysis of the 84 cases over the past 12 months shows more than 67% of collisions occur when a motor vehicle pulls out in front of, or across the path of a motorcyclist at a junction.
Brenda Mitchell, founder and managing partner, said: “Whilst judges and sheriffs do have the power to hand out stiffer sentences to those who kill vulnerable road users, more must be done by way of prevention.
“The bereaved serve lifelong sentences of their own and no amount of punishment or custodial sentencing will ever make up for the loss of a loved one.”
The accident
Mr Marsh, 48, was travelling home from a biker group meeting in Dundee in freezing and wet conditions at 9.30pm on November 22 when he was struck on the Dundee to Friockheim road, close to Monikie.
Addis, 45, had been on her way to pick up her daughter when she failed to “maintain proper observations” at the junction where the B961 meets Panmure Road.
As she pulled out into his path, Mr Marsh took evasive action and put his motorcycle on to its side.
Fiscal depute John Adams told the court: “He collided with the accused’s car. He died at the scene.”
The court heard how passers-by tried to help Mr Marsh, who was unresponsive.
Addis was overheard saying by those on the scene “I could not see him”.
An ambulance was called and CPR was attempted.
Addis of Granary Wynd, Monikie, provided a negative result on the police breath test and recorded a negative drugs wipe.
She pled guilty almost a year after the fatal crash.
Mistook bike for street light
Defence solicitor David Nicholson KC, in mitigation for mother-of-two Addis, said his client had mistaken Mr Marsh’s bike light for a street light before she pulled out.
“What is clear from the report is the remorse, shame and guilt she feels.
“I do not seek to make her the victim – she is not a victim – she brought about the death of another human being.
“This has had a devastating impact on her and her family.
“The impact has been of course much more severe for others, who may never recover but it has had a significant impact on her family.”
He said her job has “become untenable because of what is being said by others.
“An investigation has been started by the General Teaching Council, which she referred herself to.
“The 999 call made to the ambulance service will stay with me for sometime, it is quite harrowing.
“She rendered assistance at the scene while extremely distressed.”
‘Is this justice?’ shout
Sheriff Gregor Murray, sentencing, said: “This has had tragic, permanent and devastating consequences for his family and friends.
“This has borne mental health and financial based problems for you.
“You have been deemed no risk of further offending.”
As he announced the sentence, members of the motorcycle community indicated their disgust, one calling out “is this justice?” before being asked to be quiet by the sheriff.
‘Kindest, most considerate man’
Mr Marsh is survived by his wife, two sons and two grandchildren.
The court heard he kept in “good health” and had raised more than £26,000 for Maggie’s Centre in Dundee, as well as funds for the Royal Marines and RLNI.
Outside court, Mrs Marsh, flanked by supporters, said: “My husband was the kindest and most considerate man I ever met.
“He loved everyone with his whole heart.
“But for all the wonderful times we had together, the knock at the door on the day that he died that brought me to my knees and the sight of him lying in the morgue are the memories that haunt me.
“John was an experienced and dedicated motorcyclist – I rode pillion with him for 15 years.
“He was the member of a motorcycling club and he took his riding seriously but none of this mattered because the driver failed to look properly at a junction.”
She thanked her legal team and the motorcycling community, adding: “Thanks to their efforts and my friends I’m now able to begin rebuilding my life.”
After his death, members of his club – Rejects MCC, East Coast – also saluted their “brother” and asked for as many bikers as possible to turn out at his funeral.
Tracey Marsh’s statement in full:
My husband was the kindest and most considerate man I ever met.
He loved everyone with his whole heart.
But for all the wonderful times we had together, the knock at the door on the day that he died that brought me to my knees and the sight of him lying in the morgue are the memories that haunt me.
John was an experienced and dedicated motorcyclist – I rode pillion with him for 15 year.
He was the member of a motorcycling club and he took his riding seriously but none of this mattered because the driver failed to look properly at a junction.
How can that be?
Each time someone sits behind the wheel they assume control of a machine capable of causing harm to others.
Yet despite this we seem to repeatedly overlook the lessons from avoidable and senseless deaths like that of my husband.
Incidents of motorcyclists killed or injured on Scotland’s roads are all too frequent and rising.
Today the sheriff handed down a sentence for causing death by careless driving
Carelessness to me is forgetting where you place your house keys, letting the pan boil over or wearing odd socks – it’s not the act of taking someone’s life and shattering the world of those close to them.
I question how a penalty of 140 hours of community service acts as deterrent to others or send any sort of message about our collective responsibility towards vulnerable road users.
Poor driving has consequences and those on four wheels need to be reminded to take another look for those on two.
If Jon’s death is to mean anything we must do more.
I’m immensely grateful to the motorcycling community and especially my solicitors, Brenda Mitchell and Roz Boynton at Motorcycle Law Scotland for their unwavering support.
Thanks to their efforts and my friends I’m now able to begin rebuilding my life.
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