Cyclist clipped by negligent driver comes flying off bike
A cyclist came flying off his bicycle, seriously injuring himself, after he was clipped by a construction business owner while passing a chicane in what was described as an "unfortunate misjudgment."
Yarran Kerr pleaded guilty in Tweed Heads Local Court on Monday to negligent driving occasioning grievous bodily harm, not giving particulars to other driver and driving unregistered and uninsured.
The 30-year-old was driving on Tweed Coast Rd, Hastings Point at 6.30am on September 26, 2020 at the same time six cyclists were riding single file.
As the group approached the chicane on the road way, Kerr moved initially towards the middle of the road to allow room.
However on entering the chicane Kerr closed the gap.
The group started yelling before the trailer attached to Kerr's car collided with the victim, the first cyclist in the line.
This caused him to be thrown from his bicycle before landing on the pavement.
The victim was left with grazes to his arms and legs and a badly fractured shoulder which required surgery.
The victim had a steel plate inserted in his right shower and now requires ongoing rehabilitation.
The other cyclists stopped to render first aid however Kerr failed to stop and continued driving south, the court heard.
The incident was captured on a GoPro.
Police later spoke with Kerr at a Pottsville address where he said he was totally unaware of the collision.
Kerr was then also informed his trailer was unregistered and uninsured.
Defence lawyer Russell Baxter described the incident as an "unfortunate misjudgment" of the chicane.
The court heard the cyclist's handlebars clipped the rear end of the trailer, causing it to flip.
Mr Baxter said the degree of negligence was at the lowest end which Magistrate Geoff Dunlevy agreed with upon sentence.
"This is not the sort of person who goes out and runs cyclists off the road," Mr Baxter said.
He said as Kerr's car was registered and insured there was no issue getting compensation to the victim.
Mr Dunlevy said the offence appeared to be a "momentary lapse in diligence."
He said it was clear Kerr was very remorseful.
Kerr was sentenced to a two year community corrections order with 100 hours of community service. He was further disqualified from driving for 12 months and fined $750.