Lorry Driver Could Not Have Avoided Accident

Last week at Norwich Coroner’s Court, I acted for the driver of a lorry that was involved in a fatal accident on the Holt Road to Cromer.  During the evening rush hour, Martha Seaward attempted to cross an unlit busy section of the A148 and was hit after 1.8 seconds by the HGV causing devastating injuries that instantly killed her.

The hearing was important for Mr Roe (the driver) as the police were considering the question of prosecution for death by careless driving and important for his insurers to fend off a civil claim by the family under the Fatal Accidents Act.  The Coroner went on to find that the event was tragic accident.  

The lorry driver gave evidence of his last memory prior to the accident.  Under cross-examination from me, the police expert conceded that the HGV driver would have had approximately 1 second from the point she was visible to react and therefore the accident was sadly inevitable.  This means that the police have accepted that he will not be prosecuted in the criminal courts and the family will struggle to prove any civil claim in the county court.

See the coverage of the case in the press here: BBC News, EDP and ITV.

If you are a lorry driver or HGV driver, contact Marcus Croskell for FREE initial legal advice by EMAIL HERE or telephone 0843 886 2603 quoting: MARCUSCROSKELL.COM.