A DRIVER who struck and killed grandfather as he crossed the road near his home in Tullibody was spared a jail sentence earlier this week.

Alan McLaren was fatally-injured just seconds after he had waved to his grandchildren on October 3, 2019.

The inattention of David Melvin meant he failed to brake until very last moment Mr McLean stepped into the path of his Seat Leon.

On Wednesday, June 23, Falkirk Sheriff Court heard that Melvin, 40, a pensions administrator, had accelerated to 38 miles an hour in a 30 limit on Alloa Road, just before the collision at 7.45pm.

Mr McLean, who had failed to notice the oncoming car, was struck seconds after waving goodnight to his daughter and grandchildren who were nearby, but mercifully did not see what happened.

He was thrown into the air after being struck by Melvin's car as he crossed in front of it having failed to appreciate its speed, then fell back onto the bonnet, smashing the windscreen, and was carried along for 24 metres before being thrown onto the carriageway.

The 56-year-old was taken to hospital where he died the next day of multiple injuries.

Police accident investigators found that if Melvin had been driving at 30 he should have been able to see Mr McLean at the side of the road for at least 19 seconds before the point of impact.

His car was 40 metres away when Mr McLean stepped into the road, but he did not apply the brakes until "a split second" before the fatal collision.

Prosecutor Lauren Staunton said investigators found the tragedy was caused by Melvin "not paying attention".

Melvin, a father-of-one, of Erskine Street, Stirling, pleaded guilty to causing Mr McLean's death by driving carelessly, at excessive speed, and failing to maintain proper observations.

Solicitor-advocate George Pollock, defending, said: "He simply cannot account for not seeing this man crossing the road, and he obviously has to live with that.... he doesn't see him and take no evasive action until absolutely the last minute, and that's where the tragedy lies."

He added that Melvin's speed had not been "grossly excessive" and there was no suggestion of any factors such as drink-driving or mobile phone use.

Sheriff Derek Hamilton sentenced Melvin to 300 hours of unpaid work, and banned him from driving for two years.

He ordered he should resit an extended driving test before getting his licence back.

He said: "I find it to be particularly tragic that Mr McLean's daughter and grandchildren saw him shortly before he crossed the road, that he was able to wave to them, and that will be their last memory of him."

He told Melvin: "Your failure, however tragic the consequences were, was that you simply failed to to pay attention.

"I don't imagine that any sentence I can pass will in any way help Mr McLean's family gain any sort of closure.

"Nothing I can do is meant to be a reflection of what Mr McLean's life was worth."