Momentary lapse caused M1 crash

LorrY driver suffered ‘verY, verY serious’ inJuries when second hgv sMashed into hiM froM behind

A LORRY driver ploughed into the back of a broken-down HGV following “a momentary loss of concentration” on the M1 in Derbyshire.

Derby Crown Court heard that the impact of the collision caused the stationary vehicle to move so it struck its 48-year-old driver, leaving him with what a judge called “very, very, serious injuries”.

The driver of the second lorry, Danny Devine, told officers he had been on the road for just two hours and had only recently stopped for a break.

But he admitted he did not see the broken-down vehicle, which was parked in lane one as there was no hard shoulder on that stretch of the motorway.

Judge Shaun Smith QC said: “This was a momentary loss of concentration and as a result of a collision you were involved in somebody suffered very, very, serious injuries.”

Judge Smith said: “The driving did not fall far enough to be recognised as dangerous driving, the CPS accept that and, for the record, so do I.

“Sometimes accidents happen and this clearly was an accident, albeit partly due to your loss of concentration and clearly vastly contributed to because there was no hard shoulder.

“You are only eligible for a fine and the relatives of the victim and the victim himself may feel that is not adequate punishment.

“But that is the only punishment available to the court.”

Sarah Slater, prosecuting, said the crash happened at around 6am on November 30, 2017. It involved a number of vehicles and caused tailbacks of more than nine miles.

The road did not fully re-open until the early afternoon.

Miss Slater said the victim had broken down on the inside lane of the northbound carriageway of the M1 between junction 29, for Chesterfield and junction 30, for Duckmanton. The wreckage of the two lorries involved in the crash on the M1, which caused nine-mile tailbacks. She said: “Because there was no hard shoulder, the vehicle had to stay in the inside lane.

“He [the victim] got out of the vehicle to put cones around it and he was wearing a hi-vis jacket.

“While he was putting the cones out he heard a loud bang and tried to get away, but was hit by the side of the van after the defendant’s van went into his.”

Miss Slater said the victim was first taken to hospital in Sheffield and later transferred to a hospital in Birmingham.

He suffered a fractured leg, knee joint and hip and spent the following six months wearing a brace on his leg while he recovered.

Miss Slater said: “It caused a great deal of disruption on the M1 at the time.

“The defendant was interviewed and said he had started work on that day at 4am and was heading to Leeds.

“He said he felt tired and had stopped for a rest at Tibshelf services.

“He said he left the services and must have temporarily lost concentration, because he did not see the (victim’s) HGV and had gone into the back of it.”

Devine, 51, of Homefield, Locking, Weston-Super-Mare, pleaded guilty to causing serious injury by careless driving.

He was fined £550 and had his licence endorsed with three penalty points.

Dan Church, for Devine, said due to Government-set sentencing guidelines the only punishment his client could receive was points on his licence and a fine.