Coronial
TAScommunity

Coroner's Finding: LP - deidentified

Deceased

LP

Demographics

4y, unknown

Date of death

2021-01-27

Finding date

2022-05-26

Cause of death

Head and chest injuries sustained when run over by a garbage truck

AI-generated summary

A 4-year-old child died from head and chest injuries sustained when run over by a garbage truck while riding a bicycle near his home in Tasmania. The coroner found the driver could not have seen the child before the collision. No factors such as alcohol, drugs, speed, inattention, mechanical failure, road or weather conditions contributed to the death. Although the child was not wearing a bicycle helmet, the coroner found a helmet would not have prevented the fatal injuries. This was a tragic accident with no preventable factors identified. The case highlights the inherent dangers of young children riding bicycles near large vehicles with limited visibility.

AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.

Full text

MAGISTRATES COURT of TASMANIA

CORONIAL DIVISION Record of Investigation into Death (Without Inquest) Coroners Act 1995 Coroners Rules 2006 Rule 11 I, Simon Cooper, Coroner, having investigated the death of LP Find, pursuant to Section 28(1) of the Coroners Act 1995, that: a) The identity of the deceased is LP; b) LP died from injuries sustained when, whilst riding a bicycle, he was run over and crushed by a garbage truck; c) The cause of LP’s death was head and chest injuries; and d) LP died, aged 4 years, on 27 January 2021 at Bishops Drive, Newnham, Tasmania.

In making the above findings I have had regard to the evidence gained in the investigation into LP’s death. The evidence includes:  Police Report of Death for the Coroner;  Affidavits establishing identity and life extinct;  Report – Dr Christopher Lawrence, Forensic Pathologist;  Report – Forensic Science Service Tasmania;  Affidavit – Mr Wayne Rice, Senior Safety and Compliance Officer – National Heavy Vehicle Regulator;  Affidavits of witnesses including attending and investigating police officers;  WorkSafe Tasmania investigation file;  Interview and statements of the driver of the garbage truck; and  Forensic and photographic evidence.

LP died, just outside his home, when he was run over by a garbage truck. He had only just been to school to pick up his new uniform; he was due to start in a few days.

At the time of his death he was riding a small bicycle on the road and the footpath in and around the garbage truck.

I am satisfied on the evidence compiled by the investigators that the driver of the truck did not see and could not have seen LP before he was run over.

Alcohol, drugs, speed, and inattention did not cause or contribute to the happening of the crash.

The truck was mechanically sound. Neither road nor weather conditions caused or contributed in any way to LP’s death.

LP was not wearing a bicycle helmet. However, a helmet would not have saved him.

Comments and Recommendations The circumstances of LP’s death are not such as to require me to make any comments or recommendations pursuant to Section 28 of the Coroners Act 1995.

I wish to acknowledge the professionalism of the first responders. I also thank First Class Constable Nigel Housego for his extremely thorough investigation and report.

I convey my sincere condolences to the family and loved ones of LP. His death is an unspeakable tragedy.

Dated: 26 May 2022 at Hobart in the State of Tasmania.

Simon Cooper Coroner

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