Scots driver who killed motorbike passenger while distracted by phone call jailed

dailyrecord.co.uk:

A driver who killed a passenger on a motorbike after he was distracted following a phone call from his wife was jailed for three years today.The car driven by Gavin Aitken ploughed into the motorcycle on the A82 road near Balloch, in West Dunbartonshire, on August 31, 2020, resulting in the death of bike passenger Liam Scott, 21, and serious injury to the rider Stewart McKenzie, 23.A judge told Aitken, 49, at the High Court in Edinburgh: "You accept you were distracted by a voice mail message received on the mobile phone before the collision."Lord Young said that victim impact statements prepared for the court set out "the enduring pain and loss" that has been suffered as a result of the incident.Mr McKenzie slowed his Suzuki motorbike to make right turn near to the junction of the access road at Auchenheglish Lodges when it was struck by the company car being driven by Aitken.The judge said that Aitken had time to react to the situation in front of him but failed to do so.

Lord Young said there was no question of speeding on his part nor was he even distracted for a prolonged period of time by the mobile phone.But the judge said the case was aggravated by the victims being vulnerable road users travelling on a motorbike and that, in addition to the death of Mr Scott, there was serious injury caused to his friend.Lord Young said: "You stopped at the scene of the accident and your wife called the emergency services." The judge said that Aitken, a first offender, was assessed as "at the lowest risk of reoffending".He said a background report on him suggested that a non-custodial sentence might be appropriate but added that was not what he was going to do.