The Bath tipper truck trial enters its second week today..

1. OTB EVELING NEWSLETTER
Road Transport News -Bath Tipper Truck Tragedy
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On 9th
February 2015 a tipper truck ran out of control in
Bath killing four people and injuring several others. The
lorry was driven by Phillip Potter and operated by
Matthew Gordon, the owner of Grittenham haulage.
The driver, Potter, is charged with 4 counts of causing
death and serious injury by dangerous driving and 4
counts of causing death by careless driving. The owner,
Gordon, who was driving another lorry in tandem at the
time, is charged with 4 counts of causing death and serious injury by dangerous driving and 4
counts of causing death by careless driving.
In addition, Gordon is also charged with four counts of manslaughter as a result of gross
negligence along with Peter Wood, a mechanic with the company. It is alleged that Gordon and
Wood failed in their duty to ensure that the brakes of the tipper lorry were properly inspected and
maintained in a safe condition, which led to their failure resulting in the four deaths and injuries.
The trial started at Bristol Crown Court before Mr Justice Brian Langstaff and is expected to last
four weeks.
Comment
There are many cases where drivers are charged and convicted of dangerous driving in a lorry.
Prosecutions for manslaughter against individual operators are also charged. However, it is
unusual to prosecute a vehicle mechanic for manslaughter. The prosecution will suggest that
there is clear evidence that this lorry was used on the road when both Gordon and Wood knew
that it was unsafe to do so. Comments in the press suggest that the operator did not have an
appointed transport manager.
Any operator has a duty to maintain vehicles and trailers, including hired vehicles and trailers, in
a fit and serviceable condition. Failure to do so is a breach of the undertakings given to the Traffic
Commissioner when the licence was applied for and the implications of not doing so can result
in four tragic deaths. Drivers should report promptly any defects or symptoms of defects that
could prevent the safe operation of vehicles and/or trailers, and any defects should be recorded
in writing.
If convicted, all three defendants will receive lengthy prison sentences.
If you require any more information or have any queries, please contact specialist road transport
and motoring lawyer Paul Atkinson.