Van driver who caused death of biker spared jail

A man driving a carpet cleaning van who pulled out of a side road in front of an oncoming motorcycle – causing the death of the 67-year-old biker – has been spared jail.

Kenneth Carty, 60, who runs his own carpet cleaning business, was driving his work’s Peugeot Partner van when he pulled out into the path of James Cochrane’s BMW motorbike on the A88 in Larbert, Stirlingshire.

Mr Cochrane was thrown from the motorbike into the road and died at the scene from multiple injuries.

The incident occurred at 11.47am on November 7, 2024, where the A88 is known as Bellsdyke Road, at its junction with Kincardine Road in Larbert.

The incident was witnessed by two police officers in an unmarked police car directly behind Carty’s van as it waited to pull out of the side road.

Prosecutor Rachel Wallace said: “Mr Cochrane’s blue motorcycle was travelling west towards Larbert. As it travelled towards the junction, for reasons unknown, the accused failed to observe the oncoming motorcycle and emerged from the junction into its path.”

One eyewitness said Carty’s van had waited for 15 seconds at the junction before pulling out.

The witness told police: “The van pulled out at a slow speed and it didn’t appear to me to be a dangerous manoeuvre.”

Ms Wallace said: “The accused exited his van and said ‘f**k, f**k I just didn’t see him coming. I’m so, so sorry, I just didn’t see him’.”

A breath test at the scene ruled out alcohol or drugs, and Carty’s mobile phone was checked, and had not been in use at the time of the collision.

Carty told police: “I’d just finished a job and came out to this junction here. I looked right, and it was clear. I looked left, and it was clear. Then I looked right again and went to move out, and the rider of the motorbike appeared at the side of my windscreen. I never saw him – he was just there.”

Carty, of Uphall, West Lothian, appeared for sentence after pleading guilty last month to causing Mr Cochrane’s death by careless driving, failing to maintain proper observations and failing to see Mr Cochrane’s motorcycle, pulling out into its path, and colliding with it, leaving Mr Cochrane so severely injured that he died at the scene.

The court heard he had only one previous motoring conviction, 20 years ago, for driving without insurance and the correct licence.

Solicitor Neil Robertson, defending, said Carty himself had phoned for an ambulance from the scene and did his best to assist in whatever way he could.

He said Carty “genuinely acknowledged the pain of the deceased’s family”.

Mr Robertson said: “This is a man who has tried to live a good life that has been shattered, as the lives of the deceased’s family members have been shattered, by this tragic and devastating accident.”

Sheriff Maryam Labaki sentenced Carty to 180 hours of unpaid work and disqualified him from driving for 18 months.

She said: “You have pled guilty to a charge of causing death by careless or inconsiderate driving.

“James Cochrane was riding his motorcycle when you pulled out into his path and failed to see him.

“The result was a tragedy. In approaching sentencing in this case, let me first say that no size of penalty can adequately reflect or compensate for the loss suffered from this tragic incident.”

She told Carty: “I accept your remorse as being genuine and sincere.”

She said that in terms of the Scottish Sentencing Guidelines, the case fell into “level B” – careless driving that amounted to more than momentary inattention but “did not fall only just short of dangerous driving”.

She added: “The court expresses its condolences to the family and friends of Mr Cochrane.”

Mr Cochrane, a mechanical engineer and father of two, was married to his wife, Jackylyn, for over 42 years.

They previously lived in South Africa before moving back to Scotland, and he had ridden motorcycles since he was 17.

Solicitors Digby Brown, for Mr Cochrane’s family, issued a statement paying tribute to the “fantastic father”.

Jackylyn said: “For more than half my life, I knew and loved James.

“We travelled the world together, we laughed and shared all of life’s moments, including raising our family.

“He was a fantastic dad to our two daughters, and nothing was ever too much bother for him.

“The future we had planned looks very different without James.”