A DRIVER who struck and killed a cyclist on the New England Highway made a statement to police that the setting sun got in his eyes, court documents tendered to Newcastle Local Court stated.
Richard Alan Kennard was committed for trial yesterday after hearing evidence from a number of witnesses about the afternoon of August 2 last year.
Neil Smith was struck by Mr Kennard's Ford Ranger as they both travelled west towards a rail overpass at Tarro, a police statement said.
Mr Kennard, 37, of Sunset Street, Wyoming, was charged with dangerous driving occasioning death as well as two counts of negligent driving.
Crash investigators alleged that Mr Kennard allowed his vehicle to cross the fog line and strike Mr Smith as they approached the overpass.
Mr Smith fell over a railing and was later found down an embankment.
In a statement prepared by Mr Kennard and sent to police, he wrote that he was driving home from a job at Tomago when he saw Mr Smith.
He said traffic was heavy and the sun was setting at about 5pm when the collision occurred.
He said he had his visor down and his sunglasses on as he approached the overpass when his vision was limited by "sun dazzle".
He said he saw the cyclist again and took evasive action, but it was too late.
Mr Kennard was not able to stop immediately because of the heavy afternoon traffic, but he did stop in a side road.
He said he rang triple-0 and performed CPR in accordance with the operator's directions before a nurse took over.
Mr Kennard did not enter any pleas on Monday.
He will face Newcastle District Court next week.