Another motorcyclist failed by the system after life-changing crash

A motorcyclist left with life-changing injuries and severe PTSD after being knocked off his motorcycle says he has also been let down by the system that should be there to support him.

John McHarg was seriously injured when he was struck by a car at Kildean roundabout near Stirling in 2024 in a collision captured on dashcam by the vehicle behind.

Nearly two years after the incident, the driver, David Ashurst, pleaded guilty to causing serious injury by dangerous driving at Falkirk Sheriff Court on Monday, 30 March 2026.

He was scheduled to be sentenced on 1 May 2026; however, he failed to attend the hearing. No reason was given by his legal representative and as far as John knows no warrant was issued for his arrest.

John has been left completely bewildered by this turn of events and as a victim of crime has received no explanation from the Crown Office and Procurator Fiscal Service.

John, a former Senior Architecture Technologist with a successful 35-year career, is now largely housebound as a result of the crash.

He says that after suffering devastating injuries, he then found himself battling a system that repeatedly left him without answers, without updates and without any sense that his case mattered.

• It took five months for the police to take John’s full statement. His requests for updates on the progress of the case were denied. He also twice attended court hearings only to find they had been postponed.
• When the case was finally called on 30 March 2026, Ashurst had changed his plea to guilty the day before and did not attend court in person.
• Ashurst failed to attend court for the sentencing on 1 May 2026 and may be in the UAE thus avoiding the consequences of his actions.

John McHarg said:

“What happened to me on the road was devastating but what happened afterwards was almost as hard to deal with. As a motorcyclist and a victim of a crime, I have felt sidelined or ignored. The lack of interest I encountered at the Crown Office and Procurator Fiscal Service deepened my anxiety after the crash. I consider myself quite resilient, but I fear for others facing the same ordeal.”

According to Brenda Mitchell, Senior Partner at Motorcycle Law Scotland, who took over John’s civil claim for compensation from a large Personal Injury firm, John’s case highlights a concern many in the motorcycling community will recognise.

She said:

“John’s experience is sadly one that many injured riders will recognise. Too often, motorcyclists suffer the most serious consequences on the road and then face delay, frustration and indifference afterwards as victims of crime.”

John added:

“I suffered an extremely traumatic motorbike accident that was entirely the other party’s fault, and yet, I only found the legal expertise I needed within the care and professionalism of Brenda and her team at MLS. They are bikers themselves, and when they saw the dash cam footage, they immediately understood what I had gone through and how it was still affecting me.”

This case also underlines a wider and persistent problem: motorcyclists continue to suffer disproportionately high levels of serious injury on Scotland’s roads.

The figures suggest that while motorcyclists make up a relatively small proportion of road users, they continue to bear a disproportionately severe human cost.

Brenda, who has campaigned for greater consideration to be given to motorcyclists on Scotland’s roads, says John’s case is not an isolated incident. It is part of a much bigger issue: motorcyclists remain dangerously vulnerable on the roads.

A lifelong biker — now unable to ride

John had been riding motorcycles since he was 15 years old and had spent decades on the road without serious incident.

An experienced and committed rider who toured the USA and Australia on his bike, he had always understood the risks that come with motorcycling.

He has not ridden a motorbike since the crash.

Brenda Mitchell said:

“The Scottish Government has set a target of reducing road traffic casualties by 30% by 2030, yet there is little sign of any meaningful long-term reduction in the number of motorcyclists being seriously injured or killed.

“There is still too much focus on telling bikers to protect themselves, while not enough attention is paid to the behaviour of drivers who fail to see them, fail to anticipate them, or fail to give them the space and care they need.”

“Mr Ashurst’s failure to attend today’s sentencing is gravely concerning. John can only hope that the Sheriff issues a warrant for his arrest as having seen the footage, it’s clear in my mind that Ashurst has possibly fled the country to avoid a custodial sentence. He should be arrested the minute he lands back on British soil.”