A delivery driver who killed a Scots gran after reversing over her has been banned from driving.
James McShane, 53, fatally struck Elizabeth Moffat in Bearsden, East Dunbartonshire, in May 2020. The 80-year-old was walking along Speirs Road when she was hit by the DHL driver as he carried out a reversing manoeuvre.
Dumbarton Sheriff Court heard the pensioner was then dragged for 3.3 metres underneath the Citroen Relay panel van as McShane continued to reverse.
Mrs Moffat suffered multiple chest injuries including fractured sternum, multiple broken ribs and lacerated lungs. McShane from Moodiesburn, Glasgow, admitted causing death by careless driving and will be sentenced next month.
In a statement released through Digby Brown Solicitors, the family of Mrs Moffat said: “Every day we feel the loss of our mother and while today’s conviction is welcome it is not ‘closure’.
“Our pain does not stop just because a conviction has been secured. We now hope the sentencing will reflect what has happened to our family. We’d finally just like to thank all who have supported us during this difficult time.”
The tragic incident happened around midday on 28 May, 2020. McShane had completed 42 out of 152 of his deliveries when he struck Mrs Moffat.
The court heard that after striking Mrs Moffat he was heard saying “I think I’ve run over a woman. I never seen her.”
McShane then attempted CPR while being guided by 999 operators, however, when medics arrived, Mrs Moffat was pronounced dead around 12.25pm.
She was taken to the Queen Elizabeth University Hospital where she was formally identified by relatives.
The court heard expert investigators confirmed all four of the van’s reversing sensors were working and even if the radio was at a loud volume then the sensors could still be heard.
They also said McShane was reversing at a “reasonable speed” of around 5.5mph at the time of collision and passed all alcohol, drug and sight tests.
The Citroen panel van was deemed to be in average condition but all mirrors were intact.
No explanation was given as to why McShane failed to stop and the court heard that when speaking to police he provided a “no comment interview”.
However investigators stated no portion of blame could be attributed to Mrs Moffat.
McShane was originally scheduled to stand trial on Tuesday, 6 December but this hearing was changed following notification of an intent to submit a plea.
He then appeared today and admitted causing Mrs Moffat’s death by driving carelessly – a charge brought under Section 2(b) of the Road Traffic Act.
The delivery driver – who his defence lawyer described as being “devastated” following the fatal crash – was granted bail but handed an immediate driving ban until he his formally sentenced.
Sheriff Gallagher said: “This was an unmitigated tragedy. You were careless in such a way that it left a permanent impact on Mrs Moffat’s family – one can only imagine what it must be like having to hear the kind of details they have when it comes to understanding how your loved one lost their life.
“You remain on bail but a driving disqualification will take immediate effect and I haven’t closed my mind to any disposal to be outlined a later date.”
McShane will be sentenced on 11 January, 2023. Elizabeth is survived by three children, four grandchildren and four great-grandchildren.
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