Truckie to pay $2500 to amputee motorcyclist after crash
A motorbike rider who had his leg amputated below the knee after an Esk truck driver swerved onto the wrong side of the road due to being blinded by the sun will be awarded $2500.
Zi-Xiang Tsai was driving a Mitsubishi truck along the Bruce Highway on November 21, 2019. when he veered over the double white lines into oncoming traffic.
Approaching in the opposite direction was a motorbike rider.
After the duo collided, Tsai ran to the victim and performed CPR, removed the victim's helmet so he could breathe easier and elevated his leg to reduce blood loss.
The motorbike rider sustained significant injuries to his right leg which required amputation below the right knee.
Tsai, 30, from Esk, appeared in the Gatton Magistrates Court on Monday, March 1, with one charge of driving without due care and attention causing death or grievous bodily harm.
Police prosecutor sergeant Al Windsor told the court that there were no instances of speed, or drugs or alcohol involved during the crash on November 21, 2019.
"An examination of the scene revealed the impact had occurred completely in the lane being occupied by the motorcycle" sergeant Windsor said.
An interpreter was used for the proceeding, and Tsai's lawyer Brendan Beavon of Russo Lawyers said while his client had some speeding offences, he otherwise had no criminal history.
"He instructs he was going up an incline, his vision was obstructed by the rising sun of the morning, which caused him to drift into the other lane," Mr Beavon said.
"It was about 6.30am in 2019, this incident did occur over some 12 months ago, and he hasn't gone on to commit any other traffic offences."
Mr Beavon said his client studied a Bachelor of Health Care in Taiwan before moving to Australia in 2014.
Tsai is currently on a student visa, studying a diploma of leadership and management while working on a farm in Esk with plans to establish an agricultural company.
Mr Beavon said any custodial sentencing would impact Tsai's visa, and imprisonment could result in his family being deported.
"His wife does not drive, his family relies on him for shopping and transportation," he said.
Magistrate Howard Osborne said community service was an appropriate sentence, as well as paying compensation to the victim.
Tsai pleaded guilty to the one charge, and was ordered to perform 240 hours of community service in 12 months.
He will also pay $2500 compensation to the victim and was disqualified from driving for six months.
No conviction was recorded.