Misadventure verdict over man crushed under own vehicle

A Gosberton tanker driver who was flung out the vehicle he was driving and crushed by it was not wearing a seat belt and may have been using a mobile phone, an inquest has heard.

Frederick Magee. known as Ricky, died after losing control of his vehicle on Cheal Lane in Pinchbeck on September 13 last year.

The inquest at Boston Coroner’s Court on Wednesday, April 19, heard that the 41-year-old experienced lorry driver was driving a Volvo septic tanker towards Pinchbeck just after 1pm for Donington based sewerage company Bates Environmental Ltd.

The hearing heard from crash investigators who concluded that the tanker had clipped a grass verge causing it to veer across the road. Mr Magee over-corrected the steering leading to the tanker being out of control. It hit the side of a ditch which led to it jumping in the air and rotating. It came to rest on top of Mr Magee.

Witness Andrew Brooke was parked up nearby and on the phone when the incident happened.

In a statement to the inquest he said: “I wasn’t really watching outside when I heard the loud screeching of tyres. I looked across and saw the tanker off the road.

“The tanker was already rotating and appeared to be airborne.

“I saw a large object coming out of the side of the window as well as smaller items..

“I hung up the phone because the tanker appeared to be coming straight for me but when it hit the ground it just stopped.

“The vehicle stopped about 100 metres away. I got out and ran down the road calling 999 as I rang.

“I saw that the large object I’d seen come out was in fact the lorry driver. He was still and appeared to be deceased.”

An autopsy from Dr Yvonne Littler found that Mr Magee’s “death occurred very rapidly” due to crash asphyxia with significant injuries on the body up to the neck area.

The tanker was half full after attending a previous job which may have contributed to the vehicle rotating, the inquest was told.

It was also said at the hearing that no faults had been found with the tanker which was not Mr Magee’s normal vehicle. Investigators said the seat belts were in tact and working.

Witnesses who had seen Mr Magee driving just before the incident said in statements to the inquest he appeared to be driving safely while the tracking device on the vehicle’s last reading on Cheal Lane just before the accident said the tanker was travelling at 39mph, 11mph below the national speed limit for that type of vehicle.

The hearing heard that Mr Magee received an unanswered phone call at 1.03pm just before the accident occurred. Investigators found the phone was not paired to the vehicle’s bluetooth system as it.should have been to comply with Mr Magee’s employer’s company policy.

Lincolnshire coroner Murray Spittal delivered a verdict of misadventure: He said: “It was unfortunate Mr Magee was not wearing a seat belt. The opportunity was there to not be be ejected from the tanker when it rolled.

“The use of a mobile phone and lack of seat belts were factors, the consequences of which are serious.”

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