The death of a nursery teacher who was stuck by part of a lorry as she walked on pavement next to the A82 could have been avoided, a Fatal Accident Inquiry has found.
Chloe Morrison, 26, died at the scene after she was hit by the unsecured outrigger leg of a large goods vehicle at Kerrydown near Drumnadrochit on October 25 2019.
An inquiry into her death found that the lorry operator, Glenevin Limited (now in administration) should have been aware of the absence of a warning system to alert the driver that the outriggers were not stowed.
They also should have ensured that the driver was trained to check the outriggers were secure and safely stowed before starting a journey.
“Had these precautions been taken, they might realistically have resulted in death, or any accident resulting in death, being avoided,” the determination from Sheriff Ian Cruickshank read.
The driver of the lorry, John O’Donnell, was previously found guilty following trial, of causing death by careless driving after a court heard how he had driven for a minimum of one minute and six seconds with the outrigger mobile and visible to him.
He was disqualified from driving for 12 months and ordered to complete 100 hours of unpaid work in the community.
The FAI’s presiding sheriff has now made recommendations calling for the UK government to consider introducing a requirement for vehicles equipped with outrigger legs to be fitted with a warning or immobiliser system – to prevent drivers from moving with them unsecured – along with a recommendation that the systems should be retrofitted to older vehicles.
The inquiry had heard that the cost of retrofitting such a system would have been between £250 and £1,000.
A FAI at Inverness Sheriff Court before Sheriff Cruickshank began with the reading of a victim impact statement from sister Jodi Morrison-Napier.
She said: “No parent should ever have to suffer the pain of losing a child, and certainly should not witness it in such horrific and avoidable circumstance.
“As Chloe’s sister, it breaks my heart seeing the pain so evident in my parents.
“I know that nothing I can ever do will heal them.”
Sheriff Cruickshank said: “This was a powerful and thought-provoking contribution to the inquiry which reinforced the tragedy and sadness still felt by the friends and family of Chloe.”
Sheriff’s findings
In his published determination, the sheriff prefaced his recommendations by saying: “No words can adequately describe the tragic loss of Chloe Morrison in the circumstances of the collision which led to her death.
“There is no doubt in my mind that her death occurred in circumstances which give rise to serious public concern.
“Without rectification of certain requirements relating to the installation of safety systems relating to lorry loaders there remains a possibility that similar circumstances could arise again.
“I have concluded that steps could be taken which might realistically prevent deaths in similar circumstances.”
He concluded by saying: “I also wish to record my condolences to all who have been affected by the sad loss of Chloe Morrison.
“She was a young lady who loved her job and loved life.
Family’s ‘immeasurable’ loss
“The circumstances surrounding Chloe’s death are unbelievably tragic. The loss to her family is immeasurable.”
Procurator Fiscal Andy Shanks, who leads on death investigations for the Crown Office and Procurator Fiscal Service, said: “The tragic death of Chloe Morrison occurred in circumstances giving rise to significant public concern and as such a discretionary Fatal Accident Inquiry was instructed.
“Chloe’s death was a devastating loss for her family and my thoughts are with them at this difficult time.”