Co Tyrone man who caused 'catastrophic' injuries to a biker had edged out due to a parked 40ft lorry in Portadown, Craigavon court hears

Lee David Cheevers, aged 31, from Killycurragh Road, Cookstown, appeared before Craigavon Magistrates Court on Wednesday (December 3) charged with causing grievous bodily harm by careless driving.

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Police were tasked to a collision involving a motorcycle and car on the Tandragee Road, Portadown, on August 16 last year.

They spotted a motorcycle laying partially on the kerb and road with its “rider prone beside it clearly in pain”, a Prosecutor revealed.

"Police observed that the male’s left leg was sitting in an unnatural position and suspected a broken leg,” she said, adding a Nissan Duke with damage to the front near side was nearby.

The motorcyclist told police a car pulled out of the entrance of Shelbourne Motors and collided with the motorcycle. The driver of the Nissan told police he had been driving towards Mahon Road junction and had “merged out and struck the motorcycle”. Dashcam footage was also obtained.

During interview Cheevers admitted striking the motorcycle but said his driving “did not fall below what was expected of him under the circumstances given his view was obstructed by a lorry parked at the roadside”.

The Prosecutor revealed the motorcyclist’s leg was broken in three places, his right thumb was also broken. He was in hospital for four days requiring surgery. His bike, worth £13k, was destroyed as was all his protective gear.

District Judge Michael Ranaghan recalled viewing the dashcam footage. "This is a very significant offence and having seen that footage Mr Cheevers took a chance and should have waited,” he said.

Cheevers’ barrister Mr Conor Lunny said his client is "extremely remorseful at the really catastrophic injuries that were caused to” the victim.

Mr Lunny explained his client was emerging from Shelbourne Motors, his place of work, “a thing he had done thousands of times” and had a passenger in the car.

"Unfortunately between he and the right hand side from where the motorcyclist was coming was a 40ft lorry parked up on the kerb which it shouldn’t have been.

"That necessitated Cheevers having to edge out and try get a view at a fairly low speed. Regrettably he pulled out in front of the motorcyclist,” said Mr Lunny adding his client was travelling at 35mph in a 60mph zone.

The barrister said his client had been working at Shelbourne Motors at that stage and now works in a different auto sales centre in Omagh and requires his licence to get to work.

District Judge Ranaghan said the test for careless driving is not very high and many people may be guilty of it every day without realising it.

"The other side of the coin is the serious impact this had on your victim,” he said adding that he couldn’t ignore that.

"It has taken a very high physical toll, a significant emotional and mental toll. It impacted his day to day activities and his ability to enjoy the family life he previously had.”

He ordered Cheevers to do 100 hours Community Service and banned him from driving for 12 months without having to be retested.

"You are likely to lose your job Mr Cheevers but unfortunately your victim has lost an awful lot more."