Taxi driver who mowed down fare-dodging passenger is jailed
Douglas Fraser drove at Brien Foster when he failed to pay his fare in Edinburgh.
Taxi driver: Passenger badly injured after dodging fair
A taxi driver who crashed into a customer after he dodged his fare leaving him with serious head injuries has been jailed for 11 months.
Douglas Fraser, 40, accelerated towards Brien Foster, 28, and smashed into him as he tried to jump out of the way.
A woman in a nearby flat at Edinburgh's Portobello Road heard the noise of a car skidding and looked out of her window to see Mr Foster lying injured in the carriageway.
At an earlier hearing fiscal depute Graeme Jessop said: "She saw a taxi a short distance away and saw the taxi reverse. She banged on the window and tried to stop the taxi driver and saw him look up but he drove on. She formed the impression that the taxi had hit him then driven off."
Mr Jessop added Mr Foster was lying on his back and bleeding heavily from his head.
The city's sheriff court heard he was taken initially to Edinburgh Royal Infirmary before being transferred to the intensive care unit at the Western General Hospital for treatment. He was there for 19 days before going to Astley Ainslie Hospital for rehabilitation.
Mr Jessop said the injury had had an "enormous affect" on Mr Foster's lifestyle and he had been left with speech and memory problems. He also added that Mr Foster had no recollection of the incident.
A collision investigation was carried out and Fraser was traced through CCTV footage as well as the firm he worked for City Cabs. Mr Jessop added that calculations showed the impact speed would have been around 26mph.
Fraser, of Roull Road, Corstorphine, admitted driving dangerously and hitting Mr Foster to his severe injury and permanent impairment. He also admitted failing to stop after the accident which happened on December 2 last year.
Defence agent Steven Donald said Fraser had picked up Mr Foster in Edinbugh City Centre after he had been on a work night out and drove him to an address.
But when they arrived at the flat Mr Foster told Fraser he did not have any money and would get some from inside.
Mr Donald said: "Mr Foster appeared to be pressing a buzzer to try to enter a common stairway without success. Mr Foster then returned to the taxi and simply carried on walking away. Fraser pulled up beside him got out of the taxi and said 'what are you playing at?'.
Mr Foster denied being the person in the taxi and there was a very brief altercation between the two. Fraser got back into his taxi and at that stage he didn't know where Mr Foster had gone."
The lawyer said Fraser was heading back into town when he saw Mr Foster again.
"Fraser did not want to have any more contact with him following the altercation and just kept driving. When he realised Mr Foster had no intention of getting out of the middle of the road he slammed on the brakes and tried to move away from him and Mr Foster again moved in the direction of the taxi and that's how the collision took place."
Mr Donald added that Fraser was usually a family man with a good work record.
He said: "Clearly this was a significant error of judgment of his part of this occasion with catastrophic consequences for Mr Foster, consequences Fraser will have to live with.
At the time of the incident he attempted to avoid Mr Foster and when he was unable to do so he panicked - that is also a matter of great regret to him."
Sheriff Kenneth Maciver blasted Fraser for making the "absolutely terrible" decision to drive at Mr Foster at speed and then "callously" driving off and said that custody was the only option.
Fraser was also banned from driving for three years and ordered to sit the extended test before he can drive again.
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