A driver who overtook a cyclist only to crash into a car was fined €1,000 after a magistrate found the other motorist was also to blame.

A Peugeot driven by David Spina, 35, and a Citroen driven by Christian Mercieca, who was 19 at the time, collided in Marsascala Road, Żabbar, in July 2009.

Both men, who are from Marsascala, told police they did not see each other despite the accident happening in the morning, when visibility was good, there were no obstacles and traffic was light, Magistrate Edwina Grima noted.

Mr Mercieca fractured his pelvis and spent six weeks in hospital. He claimed he still suffered conseque-nces and had lost his electrician job.

Surgeon Frederick Zammit Maempel reported Mr Mercieca had made a full recovery and was able to work, the magistrate noted.

She said Mr Mercieca had the duty to make space when Mr Spina manoeuvred but Mr Spina was focusing completely on overtaking the cyclist, which was negligent.

Magistrate Grima ruled Mr Spina’s driving was careless but not dangerous and so did not ban him.

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