Truck company fined $150k over brake failure crash in which driver lost eye

August 27, 2019
Kaimai Ranges

A transport company has been fined $150,000 and ordered to pay reparations after the brakes failed on one of its trucks travelling down the Kaimai Ranges and it struck another vehicle, injuring both drivers.

The injuries included multiple fractures and the loss of an eye for the driver of the vehicle hit.

In October 2016 a driver who worked for Sorenson Transport Limited was travelling down the Kaimai Ranges, when the truck’s brakes stopped working correctly.

The driver lost control of the truck, which then struck another vehicle, crashed through a barrier and fell on its side trapping the driver in the cab. The driver bruised their legs, arm and shoulder and suffered whiplash.

The driver of the other vehicle lost their right eye and suffered multiple rib fractures, a fractured face and collar bone and bruised lungs. 

A police investigation raised concerns about breaches of work health and safety legislation in maintenance to the truck and as a result WorkSafe carried out its own investigation.

WorkSafe found the truck was not maintained to proper standards and that brakes were not included on the Sorenson’s fleet check sheet.

Sorenson Transport Limited was charged under the Health and Safety at Work Act 2015 with failing to ensure, so far as was reasonably practicable, the health and safety of workers while operating a Mitsubishi fighter truck, and that failure exposed them to a risk of death or serious injury arising from failure of truck brake systems.

In a reserved decision released by the Tauranga District Court today Sorenson Transport Limited was fined $150,000 and ordered to pay reparation of $85,000 to two victims, as well as consequential loss of $22,113.

The maximum penalty is a fine not exceeding $1,500,000.

WorkSafe Chief Inspector, Investigations, Steve Kelly, said vehicles are the single biggest cause of acute harm at work across all sectors.

"The consequences of an incident involving a vehicle can be severe. This incident has left one person with life changing injuries and the outcome could have been much worse," he said.

"This crash could have been avoided if Sorenson Transport Limited had of ensured the truck was adequately maintained and if the company had established an effective system for identifying and monitoring maintenance requirements specific to each truck in its fleet," Mr Kelly said.

WorkSafe says the prosecution has highlighted the need for all companies to ensure their fleets are properly maintained.

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