Lanarkshire Driver Escapes Jail Following Fatal Crash

A Lanarkshire man, who crashed a car into a bridge, with his uncle, a passenger in the car, dying hours later from horrific internal injuries he suffered, has escaped a jail sentence.

Published 16th Feb 2015

A Lanarkshire man, who crashed a car into a bridge, with his uncle, a passenger in the car, dying hours later from horrific internal injuries he suffered, has escaped a jail sentence.

Paul Doherty, 24, of Doune Terrace, Townhead, Coatbridge, pled guilty at Airdrie Sheriff Court last month to causing the death of his uncle, John Doherty, by driving a car without care and attention on June 22, 2013, on Gartgill Road, Coatbridge.

Depute Fiscal Gordon Crawford told the court how the driver failed to negotiate a bend and collided with a metal pole and a wall. The vehicle was damaged and Mr Doherty, a passenger in the car, was so severely injured he later died from the injuries he suffered.

Doherty also admitted that when he was driving at the time he had neither a licence or insurance cover.

The driver also admitted, later that day at home and knowing he had been the driver in which his uncle had been fatally injured, he falsely claimed to police that his uncle had been the driver when the accident occurred with the intent to pervert the course of justice.

Mr Crawford went on: "He lived with his 42-year-old uncle in Doune Terrace. Paul Doherty was not insured to drive the Ford Focus he drove when the accident happened. The accident took place in daylight between 3.45am and 5am. He crashed into a wall under a bridge.

"When police arrived the airbags had been deployed, there was blood on the passenger door but no one was in the car. The keeper was traced to Doune Terrace. John Doherty was found in bed, but police didn't see any injury and they left.

"At 8.00pm that evening Paul Doherty dialled 999 and called for an ambulance for his uncle. at 8.17pm he was pronounced dead by paramedics. A post mortem revealed he had suffered a passenger seat belt injury, severe abdominal injuries and extensive blood loss to his small intestine.

"They traced Paul Doherty and a full examination of the car was carried out. He admitted he had been the driver of the car. Experts said that they believed the car to be driven at 37 mph on impact of the bridge."

His lawyer said: "This was a tragic incident and has had traumatic effects not just for him but his whole family. He is unable to give an explanation about the accident. It was a terrible error of judgement. He has not just lost an uncle, he has also lost a friend whom he had a close relationship with."

Sheriff Petra Collins sentencing today (Monday), said: "In sentencing you I have to assess your culpability. You shouldn't have been behind the wheel in the first place. You had no licence and no insurance and your deceased uncle was on no state to supervise you as he was under the influence of drink. You then were not truthful with the police.

"You are properly remorseful and will have to live with the consequences of this for the rest of your life. I have taken into account everything which has been said quite ably on your behalf and have reached the conclusion there is an alternative to custody."

Doherty, a civil engineer, was put on supervision or one year and ordered to carry out the maximum of 300 hours of unpaid work. He was also banned from driving for three years.

Doherty left court without making any comment.