Stricter checks on elderly motorists would not have stopped death of cyclist rules sheriff

In an incident in the Highlands in 2011, Elaine Dunne, 30, was struck by Alice Ross, now 96, who is suspected of having blacked out while driving.

Calls were made after the incident for the elderly to undergo compulsory health checks in order to prevent such avoidable deaths on the roads.

Officials of the Crown Office and Procurator Fiscal Service (COPFS) called for elderly motorists to have health checks and renew their licenses biennially once they reach their 80s.

But following a fatal accident inquiry (FAI) Sheriff Andrew Berry said that a stricter licensing regime would not have stopped Ms Dunne’s death and declined to make recommendations for new regulations.

Sheriff Berry said there was nothing in Mrs Ross’ medical records which would show she should not have been driving at the time.

He said: “There is nothing in the facts of this matter that would allow me to conclude that if Mrs Ross had been required to renew her licence to drive every two years, as opposed to every three years, that this would have prevented the accident.”

The FAI undertaken at Wick Sheriff Court heard how Mrs Ross suffered a blackout a month prior to the crash and had no recollection of the accident between John O’Groats and Wick.

The charge against her of causing death by dangerous driving was dropped by the Crown after it accepted her defence that the incident was a result of her underlying medical state.