Other motorists noticed Matthew John Livingston, 44, swerving between lanes on the Calder Freeway earlier than his 43-tonne semitrailer crashed into the again of the Volkswagen on December 6, 2021.
Two-year-old Harriett was killed immediately whereas her mother and father Simon Peckitt and Felicity Stewart have been hospitalised with severe accidents.
Livingston has pleaded responsible within the Victorian County Court to culpable driving inflicting Harriett’s demise, in addition to negligent driving inflicting severe harm to Peckitt and Stewart.
He additionally admitted endangering 10 different folks within the neighborhood of the crash, together with Harriett’s one-year-old sister Jemima who was subsequent to her within the again seat.
In the 20 minutes earlier than the collision, three drivers noticed Livingston repeatedly swerve out and in of his lane, even coming near a household stopped on the facet of the freeway.
Each of the motorists overtook Livingston both for their very own security or to test whether or not he had fallen asleep.
There have been additionally a number of indicators within the 400m earlier than the crash web site telling drivers to gradual to 40km/h due to roadworks.
Livingston did not hit the brakes till 0.91 seconds earlier than the collision, placing the virtually stationary Volkswagen at 86km/h.
The semitrailer then veered to the correct, hitting a Toyota Hilux which rolled and trapped one other driver for about two hours.
Three different automobiles have been struck both by the Volkswagen or the Hilux, whereas a number of different motorists have been pressured to maneuver their automobiles off the highway to keep away from being hit.
A sleep problem professional mentioned the crash was very probably attributable to Livingston’s sleep deprivation and his driving within the lead-up was in line with an individual having micro-naps.
But defence counsel Phillip Bloemen advised the courtroom Livingston felt adequately rested earlier than the collision so he was contesting any claims he was sleep disadvantaged.
Livingston reported being distracted by his environment and zoning out earlier than the crash however he didn’t go to sleep, Bloemen mentioned.
Judge Michael Tinney mentioned even when Livingston wasn’t fatigued or falling asleep, his lack of focus was motive sufficient to cease driving.
“He doesn’t respond to any external event outside the car – not once,” the choose mentioned on Tuesday.
“A reasonable person in that sort of setting is going to pull over, aren’t they?”
Bloemen conceded it was an aggravating characteristic if Livingston was conscious of how he was driving however he didn’t pull over.
The plea listening to continues.
Source: www.9news.com.au
