Danger driver jailed for head-on collision that left man with crippling injuries

Press and Journal

29-04-2025

A danger driver has been jailed and banned from the roads after causing a crash that left the other man with 'life-changing' injuries.
Kevin Nicoll, 43, ploughed head-on into Mark Abel's car on the A946 Aberdeen to Newmachar road, but has only 'vague' memories of the 2022 crash.
Mr Abel spent two agonising hours trapped in the wreckage and 11 more on the operating table, and still struggles with his injuries to this day.
Speaking to The Press and Journal, Mr Abel, 37, said: 'My life changed in a split second – the doctors told me later I was lucky to be alive.'
Nicoll admitted causing serious injury by driving dangerously on the A946 near to the bend at Rosehall Farm on January 21 2022.
The court was told he had been found to be slightly over the limit of alcohol, with 35mcg positive breath test reading at the scene – the legal limit is 22mcg.
The court heard the accident happened just after 10pm in dark and damp conditions.
Fiscal depute Emma Peterson said Nicoll, of Glenesk Avenue, Montrose, was driving his black Fiat 500 southbound on the wrong side of the road when Mr Abel, driving a silver Ford Focus, saw him heading towards him.
The cars hit head-on, the court was told, and Nicoll was found by witnesses sitting on the grass verge complaining of pain in his legs.
Ms Petersen said: 'Due to the extensive damage to the complainer's car he was trapped from the legs down.
'He was in pain and drifting in and out of consciousness.'
The two men were taken to Aberdeen Royal Infirmary, and Nicoll was later released after being treated for a foot injury.
Mr Abel, however, sustained serious injuries including two breaks in his right leg, a broken pelvis, broken arm and bruising to his lung.
'He required multiple surgeries, including having a metal plate fitted in his right forearm, as well as metal pins fitted in his right tibia and femur,' Ms Petersen explained.
'As a result, his right leg is now 2cm shorter and he continued to suffer from pain in his left hip and leg.
'He was unable to work as a lorry driver for a number of months, however returned to work in August 2022, but only to light duties.
'The after effects of his injuries still continue today and impact his abilities to work as well as carry out everyday tasks due to the pain and suffering caused.'
Mr Abel said three and a half years on, he was still suffering and underwent an operation as recently as last year on his arm.
'I was only one mile away from home,' he explained. 'I'd just been out to the shops.
'Then my life changed in a split second – the doctors told me later I was lucky to be alive.'
People at the scene managed to phone Mr Abel's wife, Alison, who rushed to the crash to be with him.
She said: 'I couldn't open the door, so I climbed in through the back and sat next to him – I was trying to keep him awake – he kept losing consciousness.
'It was about two hours before they managed to get him out, and around midnight when he was taken to hospital.
'I followed and waited while he was in the operating theatre, which was from 5am to about 4pm.'
Mr Abel said the bones in his right leg were so badly shattered that doctors had to pin them back together.
'They did say they could break it again and lengthen it, but I can't go through all that again,' Mr Abel said.
'It's been a hard few years – both mentally and physically – I still struggle day to day.'
Nicoll's defence solicitor Stuart Beveridge said his client's recollection of the event was 'vague' but does accept it was his fault.
'He was on his way to Montrose,' Mr Beveridge said. 'He had been out for a meal and had consumed some alcohol.
'He recalls driving and bright lights in front of him. He thought he was on the correct side of the road, but he accepts he wasn't.
'He very much regrets what happened that night and for the injury caused.'
Sheriff Lesley Johnston said Nicoll's manner of driving was 'extremely dangerous', adding: 'You crossed the solid white lines and collided with the complainer's car head-on.
'You caused serious harm and he has suffered serious injuries – and is still suffering to this day.
'This had a long-standing and profound effect on him and his family.'
Sheriff Johnston mentioned Nicoll's 'long list' of previous offending, although none related to dangerous driving.
'You have clearly done very little to alter your behaviour,' she continued.
'You have only today expressed remorse and responsibility for the way you acted, but I note that you did not do that when interviewed by the social worker.
'You made the decision to drive your car that day after consuming alcohol.
'I see no alternative but to imprison you for these matters.'
Nicoll was sentenced to 16 months in prison and banned him from driving for 62 months.
He will also need to sit the extended driving test to get his licence back.