He has been spared jail after it was revealed Mr Andrew's rear light was not very bright.
Colly's statement above raises a good arguement for this.
Judge Simon Jack told Grogan: "You were driving a large HGV in a way that fell significantly below what is expected of a competent and careful driver."
The result is a life lost.
He claimed he had not seen the cyclist but admitted he had a smudge on the window, which affected his view of the road, but he continued his journey.
Common sense whilst driving in rain would shout "Need to clean my windows".
Judge Jack criticised Grogan for not addressing problems he was having with visibility through his windscreen and the speed at which he was travelling.
He also claimed the brightness of Mr Andrew's light "could" have contributed to the accident.
"I'm satisfied there were at least three main factors which led to the death of Mr Andrew, the first that you were aware you had a problem with your screen."
He said Grogan failed to slow down despite rain and smears on his windscreen caused by a problem with his windscreen wipers.
Only could have? Nice to see Judge Jack is "satisfied", very highly doubt Mr Andrews family is.
"The speed limit was 40mph and you should have slowed significantly below it," he said.
"You knew you had a difficulty and you didn't slow at all. Your tacograph suggested 46mph. I will give you the benefit of the doubt that you were right on the speed limit"
Tachographs, by law, do not "suggest" speed limits, but do give accurate speeds, they need to be calibrated (IIRC from when I was a HGV mechanic 20 years ago) every 2 years.
He said the "relatively poor state" of Mr Andrew's back light was another factor.
Poor state after the accident?...was there anything left of the light after the crash?
"I'm prepared to act on the basis that his rear light was not as bright as one would have wished and that was a factor leading up to the collision.
Ahhhh, so it was the cyclists fault.
"I'm satisfied that is because you were not paying proper attention."
So it's ok to drive and not pay attention, from someone who upholds the law.
Judge Jack said this was "relatively serious case of causing death by careless driving."
He said: "Mr Andrew's rear light may have contributed to the accident and, in these circumstances, I take the view that it wouldn't be just to send you straight to prison."
Had it been your kids Judge Jack, I'm sure you would have.
Grogan, of Applegarth Lane, Bridlington, was given a 12-month prison sentence, suspended for two years, and was ordered to carry out 300 hours of unpaid work.
He has been banned from driving for 18 months and given eight penalty points.
Far, far too lenient given the severity of a life lost by dangerous driving.
He has not ordered him to pay costs after the court heard he is suffering financially as he does not have a job.
So why was he driving a wagon? Is this his daily runaround to the shops?
Mr Andrew's brother Jeff, 45, said:
"He was always a safe cyclist and even carried spare batteries in case his lights failed. He took his bike in to be serviced twice a year."
Says it all really.
Disgusting outcome, both Judge Jack and Grogan should be ashamed to be human beings.