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Motorist ordered to pay cyclist he injured in road rage attack £2,000

The driver pushed the man off his bike causing him to 'severely' injure his arm.....

A motorist has been ordered to pay £2,000 to a cyclist he put in hospital after the rider allegedly 'cut in front of him'.

Scott Vandermotten, 31, claimed he 'saw red' when he attacked the cyclist who was left with a badly injured arm in the road rage attack. 

Vandermotten assaulted Michael Newlands by pushing him off his bike, causing him to fall down the side of a cycle path, injuring his arm severely, the Daily Record reports.

A trial at Paisley Sheriff Court heard Vandermotten, of Bishopton, claimed Mr Newlands had cut in front of him as he waited in traffic at Napier Street, in Johnstone, on March 3, last year. 

He also insisted Mr Newlands had struck his car’s bonnet, causing damage, before cycling away.

Vandermotten parked at a Morrisons supermarket car park and went on to the cycle path where he shouted at and attacked Mr Newlands, by pushing him from his bike, causing him to fall and injure his wrist and arm.

Vandermotten also tried to claim the victim had his arm raised and was about to punch him.

He appeared before Sheriff Eoin McGinty for sentencing after he was convicted of assaulting Mr Newlands.

The court heard he spent several days in hospital and still doesn’t have the proper use of his arm.

Sheriff McGinty had called for background reports in preparation for sentencing Vandermotten, who runs an engineering business with other members of his family.

His defence agent said: “His position remains the same as when he gave evidence during the trial.

“Although he accepts he did push him, causing him injury, he cannot believe what happened caused it.”

The lawyer highlighted that Vandermotten also waited with Mr Newlands until an ambulance arrived, following the encounter on the cycle path.

He urged the court to spare Vandermotten, a dad-of-two, custody given his lack of convictions for violence and his previous good character.

He added: “He recognises the impact his actions have had on the victim.

“He waited for the authorities to arrive and later apologised to Mr Newlands at the side of the road.

“However, he realises he has to be punished and understands this is a serious offence.”

Sheriff McGinty told him: “I don’t believe the complainer damaged your car or made an attempt to punch you on the cycle path.

“But I have come to the conclusion this was out of character for you.

“You simply saw red.

“This was a very serious offence and I could sentence you to custody, but I will pull back from imposing custody.”

He ordered Vandermotten to be fitted with an electronic tag for four months, requiring him to remain indoors between 7pm and 7am.

He also ordered him to perform 240 hours of unpaid work and placed him under supervision for 18 months.

He also has to pay Mr Newlands £2,000 in compensation.

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7 comments

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RoubaixCube | 2 years ago
5 likes

I honestly expected more. 2k is not even enough cover two months wages. According to the article on Daily Record. Mr Newlands still doesnt have full use of his arm though the the article doesnt state if it was broken in the fall or not.

2k should be for loss of earnings. Factor in maybe £500-1000 for medical costs then anything else on top would be compensation.

If all the courts and police give people who such terrible things a slap on the wrist then then what sort of message does it send to the rest of general public?

Avatar
Jenova20 replied to RoubaixCube | 2 years ago
1 like

RoubaixCube wrote:

If all the courts and police give people who such terrible things a slap on the wrist then then what sort of message does it send to the rest of general public?

There's a case or two similar to this on this very website every week. The courts and police have been giving the public the message that we're soft on crime for decades. There's practically no penalty for hitting a cyclist on purpose with a car, or even killing them.

 

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EddyBerckx | 2 years ago
10 likes

Chances are he only had "previous good character" because he hasn't been caught previously...no one with "good character" would act like that...

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eburtthebike | 2 years ago
8 likes

So, a premeditated assault which seriously injured the victim, but no custodial sentence?  Good to see the Scots don't like cyclists much either.

£2k hardly sounds much for the pain, distress and disruption to his life that he caused.  I sincerely hope that Michael is a member of a cycling organisation and has proper legal advice about claiming proper compensation.

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Captain Badger | 2 years ago
4 likes

Not out of character, very much in character or would not have happened. Nobody "simply sees red", they work themselves up to an entitlement to use violence cos they want to.

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AlsoSomniloquism | 2 years ago
4 likes

In these cases I always like to google view the roads to see traffic, road types and infrastructure so I'm aware of some details for commenting. But with the details from the court reporting there is some weirdness. Napier Street is where the Morrison's is with a nice looking cycle path going alongside it and up past it. The original cut up that made him see red was supposed to be on that road but the driver managed to park in Mozza's car park and then wait for the cyclist on the path. 

My only assumption is the cyclist has stopped for some reason after the initial incident which allowed the assailant to go further up ans plan the revenge attack. 

I still find it absurd that in this case and the other similar one last month that people don't realise that a cyclist coming of a bike with momentum going forwards will cause more damage to shoulders areas then just pushing over someone standing. 

Avatar
HoarseMann replied to AlsoSomniloquism | 2 years ago
3 likes

I thought it was a bit odd, but it says 'at' rather than 'on' Napier Street. My best guess is the car was waiting at the traffic lights to turn right into Napier St from High St, when the cyclist filtered through the stationary traffic and positioned himself in front of the car. It's how I would get on the cycle path, as you can ride to the crossing island, without really obstructing the right turning vehicles much. I guess the cyclist then might of had to wait to cross the oncoming lane of traffic, which gave enough time for the motorist to get ahead.

Rubbish cycling infrastructure again, plus a dollop of entitled and ignorant motorist.

https://goo.gl/maps/nnGt48CuiVC5CRuA9

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