Scottish Sheriff Court Decisions

2010FAI 3

SHERIFFDOM OF SOUTH STRATHCLYDE DUMFRIES AND GALLOWAY AT HAMILTON

INQUIRY UNDER THE FATAL ACCIDENT and SUDDEN DEATHS INQUIRY (SCOTLAND) ACT 1976

DETERMINATION

Of

SHERIFF T.S.MILLAR

Into the death of

QIQIN LIN

Hamilton 15 January 2010

The Sheriff having considered the evidence adduced and submissions thereon, DETERMINES in terms of the Fatal Accidents and Sudden Deaths (Scotland) Act 1976

[1] In terms of S.6 (1)(a): Qiqin Lin, who resided at 66 Falconer Rise, Livingstone, born 16 October 1979, was pronounced dead on 29 December 2007 at 13:03, the place of death being the M8 motorway near to Junction 5, Shotts.

[2] In terms of S.6 (1)(b): The causes of death were (a) multiple injuries and (b) road traffic accident, said accident occurring at approximately 12:00 on 27 December 2007 on the M8 Motorway near to Junction 5, Shotts.

The probable cause of said accident was the deceased's attention to his driving having been distracted by his use of a mobile phone causing him to require to brake sharply to avoid a collision with a preceding vehicle. He thereafter lost control of his vehicle as a result of said braking together with the defects in his vehicle, the overloading of the vehicle and the insecure load within said vehicle.

[3] In terms of S.6 (1)(c): There were no reasonable precautions which could have been taken to prevent the accident and consequent death of Qiqin Lin by parties other than Qiqin Lin. Had he complied with the relevant legal requirements regarding use of mobile phones, loading of his vehicle and construction and use, said accident would not have occurred.

[4] In terms of S.6 (1) (d): There was no system of working and consequently no defects in same which contributed to the accident resulting in the death.

[5] In terms of S. 6(1)(e):The following are relevant to the circumstances of the death

(i) Qiqin Lin made and received several calls on his mobile phone during his journey from Glasgow to Edinburgh. A call was received at 11:59:56 (true time allowing for a time error of 5:44 minutes on the time recorded on the phone).The call would have been received immediately before the accident.

(ii) Qiqin Lin was driving a Mercedes Sprinter van registration N513 LGB. On examination the vehicle was found to have extensive corrosion to both nearside and offside lower panel work and to box sections and component mounting points This corrosion could adversely affect the stability of the vehicle on hard breaking.

(iii) At the time of the accident the vehicle was overloaded by 580 kg. (16.75% approximately) which would adversely affect the braking and steering of the vehicle.

NOTE

[One] The Inquiry was brought under S.1 (1)(a) (i) of the Act:

"(i) it appears that the death has resulted from an accident occurring in Scotland while the person who has died, being an employee, was in the course of his employment or, being an employer or self-employed person, was engaged in his occupation as such".

It is assumed from the contents of the vehicle that Qiqin Lin was engaged, either as an employee or as self employed, in respect of a Chinese store at 137 Liberton Road Edinburgh. That property had been let to a Fransisco Ch'Ui in November 2007 for such use. Mr Lin had been seen at that property. The vehicle he was driving at the time of the accident had been loaned to Fransisco Ch'Ui.

I was satisfied that Qiqin Lin had been so acting at the time of the accident.

[Two] Again this is from inference rather than direct evidence, but I was satisfied that Qiqin Lin had travelled to a cash and carry in Glasgow, purchased a quantity of goods for a Chinese store and was travelling back to Edinburgh on the M8 Motorway. The vehicle has a gross weight of 3500 kgs. At the time of the accident it's weight was found to be 4080 kgs., 580kgs overweight(16.75%).The load would also be unsecured in the rear of the vehicle and may shift on braking. Both factors would adversely affect the steering, braking and handling of the vehicle. On examination the vehicle was found to have extensive corrosion to both nearside and offside lower panel work and to box sections and component mounting points This corrosion could adversely affect the stability of the vehicle on hard breaking.

[Three] Mr Lin was travelling in the outside lane, eastbound, near the Harthill services and Junction 5, Shotts. He required to brake severely to avoid colliding with a car travelling in front. There was no obvious reason why he had not observed this vehicle. The mobile phone records show that he made and received a number of calls during his journey, one being received at 11:59:56.On heavy breaking, he lost control of the vehicle. This may have been as a result of the load shifting or of a wheel catching the grass verge to the side of the road. In any event, the vehicle veered to the right, colliding with the crash barrier before mounting the barrier, tipping and landing on the opposite carriageway.

[Four] The vehicle landed on its side before sliding along the westbound carriage. Two vehicles managed to avoid any serious collision before the van struck a Hyundai Getz motorcar, this car striking the van directly behind the front axel, splitting the chassis horizontally. Both vehicles rotated clockwise before coming to rest. Mr Lin sustained fatal injuries in this accident. Two children, passengers in the Hyundai Getz, sustained serious injuries in said collision, which collision could not have been avoided by the driver of that vehicle.

[Five] The crash barrier at the scene was examined following this incident and was found to comply with the relevant safety standards.

[Six] Qiqin Lin had not given priority to his driving of the vehicle. He made and received a number of calls on his mobile phone during his journey. This is the most likely reason for him failing to keep proper observation of other road users and in particular of the car in front immediately before Qiqin Lin required to brake severely. It is a tragic reminder of the danger of using a mobile phone while driving and resulted not only in the death of the user, Qiqin Lin, but in devastating injuries to two children, whose lives, and that of their family, have been adversely affected.