A 28-year-old driver, who caused horrific life-long injuries to cyclist Luke Taylor after hitting him at Cardigan last year, has been convicted and fined $2000.
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Joel Alexander Paizis pleaded guilty at the Ballarat Magistrates Court on Thursday to one charge of driving in a manner dangerous causing serious injury.
The Delacombe man was charged with five offences over the May 27 collision, but four of those were withdrawn on his guilty plea.
Police prosecutor Leading Senior Constable Clint Prebble said the accused was driving in a northerly direction on Whites Road, while the victim was riding east to west along Cuthberts Road.
"The accused checked each direction for vehicles and when he believed it was safe to cross, the accused drove through the intersection failing to give way to the victim," Leading Senior Constable Prebble said.
"The victim was about 20 metres from the intersection at this stage and had no time to stop."
Mr Taylor was thrown about 25 metres across the intersection after he was struck, the court was told.
He was flown to the Alfred Hospital from the scene.
"Upon being removed from the air ambulance the victim was deceased. He was subsequently revived by emergency staff and taken into emergency surgery where he underwent about 16 hours of surgery," Leading Senior Constable Prebble said.
Mr Taylor's injuries included eight seperate fractures in the left femur, compound fractures of the left tibia and fibula, fractured right femur which shattered in the middle, an 'open book' pelvic fracture, fractured T4 vertebrae, ruptured bladder and significant muscle damage to the right arm.
Paizis told police he had slowed to about 40km/h to cross the intersection and it was clear, however Leading Senior Constable Prebble said Mr Taylor estimated the vehicle was travelling at 80km/h when he was struck.
Defence barrister Neill Hutton said his client, a plumber, was on his way to a job in his boss' ute at 8.30am.
He had driven two kilometres into his to pick up an excavator when he struck Mr Taylor at the intersection.
Mr Hutton said Paizis paid particular attention at the intersection and did not see anything approaching.
"At 8.30am the sun was in the north-east sky. He should have been aware of that and that's the basis of his guilty plea," Mr Hutton said.
He said the first time Paizis knew a cyclist was at the intersection was when he heard a crunch sound on the vehicle's bonnet.
"He called an ambulance immediately and got out and helped the injured person," Mr Hutton said.
Paizis soon went into shock and a passerby took over the care of the cyclist, Mr Hutton said.
"The moral culpability in this case is quite low," he said.
The court was told Paizis, a father of two, was not drug or drink-driving, had slept well the night before the collision and had no prior criminal history.
Mr Hutton said Paizis knew Mr Taylor would suffer on-going pain for the rest of his life.
"He accepts the cyclist will suffer. My client hasn't apologised to the victim but intends to write a letter," he said.
Magistrate Robert Kumar told Paizis the injuries he caused to the victim were serious, but it was not his intention to place him on a community corrections order.
"It's tragic. I have great sympathy for the victim in this case," Mr Kumar said.
"The injuries you caused to the victim was serious; you know that. You know this person will suffer for a long period of time."
Paizis was convicted and fined $2000 and banned from driving for six months.
If he did not plead guilty, he would have been convicted and placed on a lengthy community corrections order and disqualified from driving for a substantial amount of time.
