Mon, Sep 20, 2021 3:30 PM

Careless driver convicted following cyclist collision

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Erin Bradnock - Local Democracy Reporter

A Motueka man has been convicted of careless driving after hitting a cyclist who had to be airlifted to hospital from the scene.

Nigel David Scott Turnbull, 70, appeared in Nelson District Court on Monday changing his initial not guilty plea to guilty on the charge of careless driving.

According to the police summary of facts, the incident took place on Thursday 29 September along Sandy Bay Rd towards Riwaka last year.

Turnbull was driving his vehicle and towing a single axle trailer while following another vehicle uphill when he saw the cyclist.

The cyclist was close to the left edge of the roads tar seal heading in the same direction as the defendant. Turnbull told police the cyclist was clearly visible at this point.

When the vehicle ahead of Turnbull overtook the victim, who was travelling at a speed of about 8kmh, Turnbull intended to follow suit.

The cyclist is described as being close to the left edge of the tar seal and there were three metres of the sealed road on each side of the centre line.

The defendant drifted towards the cyclist at around 40kmh when the front left of the defendant’s vehicle struck the cyclist from behind.

The hit caused the victim to fall from their bike. Consequently, he was left with a deep laceration to his right ankle alongside bruising and abrasions.

The cyclist also suffered a concussion and had to be airlifted to Nelson Hospital from the scene due to his injuries.

The victim's bike also took a heavy hit, the seat was ripped from the front of the bike while his cycle frame and helmet suffered fractures.

In an explanation for the offending, Turnbull says he could clearly see the cyclist ahead and he thought he was allowing sufficient room as he attempted to pass him.

Turnbull initially told police the cyclist had moved out from the edge of the road after the second car had overtaken it.

Judge Garry Barkle referred to the victim's impact statement on Monday.

“His statement noted you were distraught after the incident but states he was disappointed initially that you first indicated a not guilty plea,” Judge Barkle says.

Judge Barkle acknowledged the cyclist may have moved around the road a little but told the court “he is not regarded as being at fault in any way”.

"This was a misjudgement on your part," Judge Barkle told Turnbull.

Judge Barkle convicted Turnbull on the careless driving charge and he has been ordered to pay $1024.99 in reparations to the victim.

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