Road accidents: Cycle death family criticise sheriff for failing to act against speeding lorries

The family of a cyclist killed when a speeding lorry crashed into him have criticised a sheriff for failing to protect other bikers.

Gardener Stephen Barclay, 40, was delivering organic vegetables when he was knocked off his bike on the Ullapool to Tore road last April. A fatal accident inquiry was held and Sheriff Alasdair MacFadyen's written judgement was made public on Wednesday. Mr Barclay's family said it did "nothing" to prevent other accidents.

The self-employed gardener, who was also a part-time nurse in Inverness, was struck by a large lorry driven by Angus MacPhail. McPhail was fined £1,000 and banned for a year after he admitted careless driving. He had been distracted, most likely by a ringing mobile phone, seconds before colliding with Mr Barclay's bicycle.

In his judgement, Sheriff MacFadyen said: "Mr Barclay's death occurred as a result of an avoidable road traffic accident. Excessive speed and inattention were the causes of that accident."

However, Mr Barclay's family and friends criticised the sheriff for failing to make any recommendations. They had wanted action on the use of mobile telephones by the drivers of large goods vehicles. They also wanted tougher legislation on employers of lorry drivers to ensure their compliance with speed limits, which are lower than for cars and motorbikes. The family questioned the enforcement of speed limits by Northern Constabulary and highlighted the need for more road signs for lorry drivers.

Katherine Barclay, the victim's sister, said: "Sheriff MacFadyen had been given an opportunity to do something about the number one issue in the Highlands. Given his deliberations from the FAI for our brother it seems certain that cyclists, pedestrians, and others at risk on Highland roads will continue to be injured, maimed or killed. Sheriff MacFadyen's findings do nothing to help change this. We are very disappointed that he has not found any area for recommendations or further investigations at a higher level."

Dr Stuart Smith, a family friend, added: "The determination is depressingly weak. It lacks objectivity, is full of contradictory reasoning and Sheriff MacFadyen has reached perfunctory and incompetent conclusions from his cherry-picked evidence. He has predictably and conveniently scapegoated MacPhail and incredibly argues there are no bigger issues to address than the mere human error of one person. Everyone in the Highlands, except it seems the Sheriff and procurator fiscal, recognises virtually all HGVs drive at 60mph on trunk roads. Sheriff MacFadyen does not have the courage to tackle the issue of mobile phones. He cravenly pretends nothing can be done."

In his conclusion, the sheriff said: "Clearly drivers of all vehicles, and particularly large, heavy vehicles, should take account of the presence or likely presence on the public road of other road users, including cyclists. The law and practice governing the conduct of drivers in such situations is already settled. Mechanisms already exist for the enforcement of best practice and conduct both by the police and employers. Accordingly, having carefully considered the evidence and the submissions made on behalf of all parties, including Mr Barclay's family, I am of the view that there are no useful recommendations which I can make. That is because had the existing law been complied with and existing good practice followed, the likelihood of Mr Barclay's death occurring would have been greatly reduced if not eliminated."

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