A VAN driver is on trial accused of killing a 70-year-old woman by dangerous driving on Hogmanay.

Andrew McKinley, 26, denies causing the crash by overtaking when unsafe to so on December 31, 2017, on Townhead Street and the A737 road near to the B714, Dalry, Ayrshire.

Jean Shearer died as a result of the collision and her 82-year-old husband was left impaired.

Student Laura Wood, 25, told prosecutor Paul Kearney that McKinley, of Kilmarnock, was driving behind her and tail-gating her when he pulled out to pass her.

She said: “I remember seeing him passing my car on the right hand side and my mum said to me ‘brake as he is never going to make it’.”

The court has heard that Storm Dylan was raging that day and there was heavy rain and surface water lying on the roads.

She told the jury at the High Court in Glasgow: “I saw the van hit a body of water. It spun and collided with a car that was coming from the other way.

“It hit the driver’s side door and the bonnet of the car on the driver’s side.

“The impact pushed the car off the road and spun around to face the other way.”

Mrs Wood told the jury debris from the collision hit the top of her roof and bonnet and added: “The ladder from the van ended up on the road.”

McKinley is accused of driving at ‘excessive speeds’ tail-gating Ms Woods' car and overtaking her when it was unsafe to do so and striking Mr Shearer’s smart car.

Sergeant John Mochan, 41, earlier told how he was one of the first police officers at the crash scene.

He said: “The accused had injuries to his head and face but the more significant one was to his leg.

“I spoke to him and he confirmed he had been driving the van."

Mrs Shearer was taken to Crosshouse Hospital and died there on January 7, 2018.

The cause of her death was “broncho-pneumonia and chest injuries due to road traffic collision”.

Mr Shearer suffered fractured ribs, a broken leg and injuries to one of his lungs.

Both vehicles were examined and no defects which could have caused the collision were found.

McKinley is also charged with other road traffic offences including having no MOT and not wearing a seat belt.

He denies all charges.

The trial before Sheriff Johanna Johnson QC continues.