A High Court judge has awarded £178,357 in damages to the family of an LGV driving instructor who was killed by a lorry that failed to carry out an emergency stop.
Sir Christopher Holland heard how Alan Underwood, 48, was fatally injured by the 18-ton vehicle in an accident at the A5 Truck Stop at Crick, near Northampton, in March 2008.
Mr Underwood, who was employed by Auto Search (Essex) Ltd, trading as Sterling Training Service, of Basildon, was teaching Corinne Radburn how to execute the manoeuvre safely when the training lorry failed to brake from its 20mph speed and he could not get out of its path.
The judge said that Mr Underwood was a conscientious man and had been attempting to check whether the vehicle deviated when it braked, but took a risk in having someone drive at him and had misplaced his faith in the driver.
Bruce Gardiner – representing Mr Underwood’s widow Dawn, 13-year-old son Alan, and five-year-old daughter Reann – said the full value of the claim was £250,000, but it had been agreed this should be reduced by 30% to reflect contributory negligence.
The judge approved sums of £150,357 to Mrs Underwood, of Far Cotton, Northamptonshire, and £10,500 and £17,500 for Alan and Reann respectively.
The damages will be paid by the insurers of Mr Underwood’s employers and Mrs Radburn, of Rugby, Warwickshire.
Source: Claims Magazine
