Taxi driver who caused death of Dunoon pensioner handed 3-year driving ban

A taxi driver who caused the death of 89-year-old man after being blinded by the sun was today spared jail.

James Buchanan, 50, was instead ordered to perform 270 hours unpaid work in the community and banned from driving for three years.

The High Court in Glasgow heard that Buchanan failed to spot pensioner David McQuiston who was walking along the road with a shopping trolley. The OAP had gone onto the road because the pavement was icy.

Buchanan struck the trolley pulled by grandfather Mr McQuiston, knocking him to the ground.

Mr McQuiston died two months after the collision in Dunoon, Argyll and Bute.

Buchanan - a cab driver for 18 years - admitted a charge of causing death by careless driving.

Judge Lady Carmichael told Buchanan: “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. You would not normally expect him to be on the road. You did not hit him but hit his shopping trolley.

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

“The harm you caused was devastating he was a much loved father and grandfather,”

The court heard that Mr McQuiston was returning home from visiting his wife, who had dementia, at the time of the accident in January 2015.

Prosecutor Tim Niven-Smith said "the sun was low in the sky" with its brightness "reducing visibility" for motorists.

Mr McQuiston was not walking on the pavement instead following the double yellow lines at the side of Argyll Road, Dunoon.

The OAP - who lived in the town - was using a stick to help him and he was also pulling a dark shopping trolley.

Mr Niven- Smith said Buchanan failed to spot Mr McQuiston at the kerbside and his car hit the trolley.

The pensioner fell and hit his head on the ground.

Buchanan immediately got out of his Seat Toledo and dialled 999.

He told one witness: "I could not see him. I did not mean it. It was the glare of the sun."

A retired nurse went to help Mr McQuiston and Buchanan repeated: "I did not see him. The sun was in my eyes."

It was also noted a police car had to stop due to the glare.

Mr McQuiston was transferred by helicopter to intensive care in Glasgow amid fears he had a brain injury.

Following rehabilitation, he was sent to the Erskine care home in Renfrewshire.

But, on March 20 2015, Mr McQuiston died after falling unconscious due to breathing problems.

It was found that he had died due to a form of pneumonia caused by the head injury.

Tony Graham, defending, said: “Mr Buchanan realises he has been responsible for the death of another human being. That will live with him for the rest of his life.