Lorry driver jailed after hitting charity cyclist on the A9

Press and Journal

23-05-2025

An HGV driver has been jailed after he hit a Land's End to John O'Groats charity cyclist on the A9, leaving him seriously injured.
James McTaggart failed to spot James Baker as he drove north on the trunk road between Dunkeld and Pitlochry.
Dashcam footage from his lorry was played to Inverness Sheriff Court and showed the moment he collided with Mr Baker's bicycle in the early hours of the morning.
The court was told that later the same day, McTaggart tested positive for cocaine in a roadside drugs test – but it could not be conclusively proven he had been under the influence at the time of the collision.
Mr Baker, from Cheshire, had been taking part in a charity cycle ride to raise money for Multiple Sclerosis along with three other friends.
McTaggart, 33, appeared at Inverness Sheriff Court, where he admitted charges of causing serious injury by careless driving and drug-driving.
Fiscal depute Victoria Silver explained that the cyclists were travelling in convoy with support vehicles to the front and rear, connected by radio.
'One was supposed to drive ahead, another to the rear, to offer some protection to them on the road,' Ms Silver said.
But at around 2.15am, on the dark and drizzly morning of July 9 2023, the convoy had pulled into a layby North of Blair Atholl for a rider change before Mr Baker set off on his portion of the ride.
'There was a cycle path to the side, however decision was made that the charity cycle would remain on the A9,' the fiscal depute explained.
She said the cyclist was wearing a light blue jersey and gilet and had working lights on his bike.
Witnesses stated that 'as he set off, there were no other vehicles on the road'.
The driver of the support vehicle estimated that it took around 40 seconds between the rider and the rear support vehicle leaving the layby. In this time a car and a lorry passed.
Around this time, another driver spotted a torch waving in the road and a stationary lorry.
He stopped and spoke to McTaggart, who told him: 'I've clipped a cyclist.'
'The driver observed a person lying in the road in the northbound carriageway,' the fiscal depute said.
When the support van also arrived at the scene, alerted by the flashing hazard lights ahead, McTaggart, who was shaking, told the driver: 'I didn't see him – I just didn't see him.'
The court was played dashcam footage taken from the cab of McTaggart's lorry, which showed a car passing him and another approaching with its headlights appearing to flash, as well as the smaller light of Mr Baker's cycle on the left-hand side.
The footage shows the lorry bearing down on the bicycle, not appearing to adjust its speed in the moments before the collision.
Police and ambulance attended at the scene and Mr Baker was taken to Raigmore Hospital where it was confirmed he had suffered a number of broken bones, including ribs, clavicle and vertebra.
He also suffered internal injuries.
McTaggart gave a positive breath test at the scene, but officers who attended were not trained in the drug wipe procedure.
He was traced by trained officers later that morning, in his parked lorry near Moy.
At this stage, a roadside test came back positive for cocaine and later blood testing revealed him to have 250 microgrammes of the cocaine metabolite benzolecgonine per litre of blood – five times the legal limit of 50 microgrammes.
Solicitor Kevin Hughes, for McTaggart, told the court that his client had taken the drugs, which were left over from recreational use days prior to the incident, after the collision.
Speaking about the careless driving charge, Mr Hughes said: 'Very unfortunately there was a cycle path running the length of the road, for some reason, the decision was taken to use the road
'The rear support vehicle was not in place.
'He failed to see the rider.
'It was dark at the time – he wasn't wearing a reflective jacket.'
'He was driving the vehicle, he believed he was paying attention to the road, he simply failed to see him.'
Responding to a suggestion that McTaggart had sought to blame his victim during the preparation of a presentencing report, Mr Hughes said: 'He just would have expected the person to be using the cycle lane rather than the A9.
'Because he didn't see him, he would have expected him to be more visible than he was.'
'He has accepted that it is his responsibility to see obstructions in the roadway – no matter what they are,' Mr Hughes added
Sheriff Ian Cruickshank told McTaggart, of Dovecot Road, Tullibody: 'I have taken time to digest the Crown narrative and I have viewed – on several occasions – the footage which effectively captures the collision.
'I remain very sceptical of your explanation, but it would be wrong for me to conclude as a fact that the level of benzolecgonine at the time of the accident exceeded the prescribed limit.
'It is a matter of fact that you failed to observe the cyclist prior to colliding with him.
'The real issue is the degree of carelessness.'
Sheriff Cruickshank said: 'It is difficult to comprehend how you failed to see the cyclist in sufficient time to take the necessary evasive action.'
Assessing McTaggart's culpability as high, he said: 'I consider that there is no alternative but to impose a custodial sentence.'
He jailed McTaggart for eight months and banned him from the roads for 23 months.