Driver jailed after man killed as he changed tyre in Aberdeenshire

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John GroverImage source, Police Scotland
Image caption,

John Grover died in the collision in 2021

A driver who struck and killed a man who was changing a tyre on his vehicle in Aberdeenshire has been jailed for three years.

John Grover, 62, died after the collision on the A90 Aberdeen to Peterhead, near Foveran, in 2021.

Graham Smith, 59, of Cairness, Aberdeenshire, admitted causing Mr Grover's death by dangerous driving.

Lord Arthurson told the High Court in Edinburgh he had read "very moving" victim impact statements.

Mr Grover, from New Pitsligo, was on his way home when he had a puncture.

He stopped at the roadside and put his hazard warning lights on, with his wheels encroaching onto the road.

However, he was struck by the van driven by Smith and died at the scene.

'Genuine remorse'

Defence counsel David Nicolson said: "There was a lack of concentration on his behalf that led to this tragic accident."

He said that after serving in the Royal Navy Smith became a dive technician but gave up that employment after the collision because he felt he could not concentrate.

Mr Nicolson said: "His remorse is absolutely genuine and knows no bounds. This is a man with a previous good driving record."

Lord Arthurson said Smith failed to maintain proper observations, but told the first offender: "You have expressed full and appropriate remorse and victim empathy."

The judge said he would have faced a four-and-a-half year jail term but for his guilty plea.

Smith was banned from driving for six-and-a-half years and will have to resit a test before driving again.