Tipper truck driver avoids jail for crushing Lincoln man in ‘careless’ crash

A tipper truck driver who caused the death of a “popular husband and father-of-three” when he lost control and toppled onto a car was today (Friday) given a 30 week suspended jail sentence.

David Costin, 36, of Welton Gardens, Lincoln, admitted a charge of causing the death of Adam Morgan, 47, by careless driving.

Lincoln Crown Court heard Costin was driving a Scania tipper lorry with a grab arm north west along Meadow Lane, North Hykeham, when the collision occurred just before 2pm on 12 July last year

Mr Morgan, who was travelling in the opposite direction in his Audi car with his nine-year-old son, did everything he could do avoid the collision, but suffered a severe head injury and died over a week later on 26 July.

Adam Pearson, prosecuting, described how the driver of the car travelling behind Costin noticed the nearside wheels of the lorry leaving the road and could see no reason why it happened.

Another motorist described how the lorry appeared to jump back into the road and was wiggling as the driver tried to correct his position before tipping onto the driver’s side of Mr Morgan’s car.

Collision investigators found tyre marks which showed Costin’s truck struck a brick culvert which damaged his steering after he inexplicably left the road.

Mr Pearson said: “Mr Morgan was left with nowhere to go, it was impossible for him to avoid the collision.”

The court heard Mr Morgan’s son was able to climb out of the car through the passenger window.

“Fortunately he suffered only minor injuries, but one can only imagine the trauma inflicted,” Mr Pearson added.

Mr Pearson said Mr Morgan suffered a severe head and brain injury and was taken to the Queens Medical Centre in Nottingham where he died over a week later after going into a coma.

Costin’s tipper truck, which he had been driving for Lincs Grab Ltd for nine months, had been inspected a week before the collision and no defects were found.

During his police interview Costin admitted he had never driven his truck on Meadow Lane before and initially wrongly claimed that Mr Morgan’s car was near the centre white line.

Costin described how the road was a bit tight, and he moved to the nearside to give cars more space. The court was shown a short video of the collision taken from his truck.

Mr Morgan’s widow, Joanna, chose to read out her victim impact statenent in court and described the horrific consequences of the collision for her family.

Mrs Morgan said: “We are here to get justice for Adam after his life was taken at just 47.”

She described how her “heart skipped” when she met Adam at the age of 20, and they moved in together after just three months.

Mrs Morgan said the moment of waking up alone after 20 years together would not go away, and listed the family milestones Adam had already missed seeing with his three children.

She also described the horror of being told to turn around and drive back to the hospital in Nottingham

“There I saw the love of my life, lifeless.”

Mrs Morgan also admitted her anguish at Costin failing to plead guilty at the first opportunity and wrongly telling police in his interview that the position of Mr Morgan’s car was near the white line.

Siward James-Moore, mitigating for Costin, said he was a man of good character and argued a jail sentence could be suspended.

Mr James-Moore told the court: “He is desperately sorry for what happened that day.”

“It is a misjudgment case,” Mr James-Moore added. “The carelessness is in him initially moving to the left, although he didn’t need to do so.”

Passing sentence Judge Simon Hirst said there was extra responsibility on Costin as a professional driver and stressed no sentence could put a value on Mr Morgan’s life.

Judge Hirst also made it clear Mr Morgan did everything he possibly could have done to avoid the collision.

“No doubt his main thought was his nine-year-old son who was in the car, “Judge Hirst said.

“The memory of what happened on that day will inevitably live with him for the rest of his life.”

Judge Hirst added: “Mr Morgan is described as caring, charming and strong in every sense.

“Everyone will have been moved by Joanna Morgan’s words.”

Judge Hirst said it was an aggravating feature that Mr Morgan’s son was in the car.

“He had to climb over his father and brush glass off his dad.”

Costin’s initial comment on the position of Mr Morgan’s car was also an aggravating feature, Judge Hirst said.

But Judge Hirst said he also had to apply the law and take into account Costin’s guilty plea, his remorse and his job and family background.

Judge Hirst told Costin he could therefore suspend a 30 week prison sentence for two years, but warned him that any breach would result in jail.

Costin was also ordered to complete 250 hours of unpaid work in the community, ten rehabilitation days and was banned from driving for 12 months.

After passing sentence Judge Hirst praised the dignity of Mr Morgan’s family during the court proceedings.