HGV driver fell asleep - says Sheriff

A GERMAN lorry driver died in a motorway crash near Moffat after he fell asleep at the wheel.

That was the conclusion of a fatal accident inquiry (FAI) at Dumfries Sheriff Court into the death in 2023 of Thomas Hein, aged 25, from Baden-Württemberg in Germany.

Sheriff Colm Dempsey released his findings this week, after a hearing was held in May.

He said: “The cause of the accident has inevitably to be a matter of inference. On the available evidence, the conclusion which I have reached, is that Mr Hein fell asleep at the wheel, his vehicle thereafter failed to negotiate a slight right hand bend and left the carriageway before overturning.”

The smash happened on July 14 at about 2.06 pm on the A74 north bound, four miles above junction 15 for Moffat.

Mr Hein, who was said to be a hard working and experienced professional driver, died at the scene from his injuries.

Police analysis of his tachograph showed that Mr Hein had properly observed rest periods and had not exceeded his permitted driving time.

Officers also found no evidence of a catastrophic mechanical failure, driver impairment, or of another vehicle being involved; and said there was no evidence either of evasive action, such as emergency braking or steering input, having been taken.

As such, the sheriff believes there were no precautions which could reasonably have been taken to avoid his death, nor were there any defects in any system of working which contributed to it.

He pointed out: “In circumstances where a driver is fully conscious and alert of their surroundings it would be expected that some attempt to correct the position of the vehicle would be evident.”

The victim was fully qualified and employed by the company Josef Schnell as an HGV driver.

He had arrived in the UK on July 13, at the port of Hull, with colleagues Nenad Butkovic and Thomas Zahn.

They were driving in convoy towards Perth and Mr Hein was towing a three axle low-loader trailer, which was laden with machinery

During this journey the trio stopped for two breaks.

Despite this, the sheriff noted: “Despite proper rest periods being observed, it is not unusual for a driver to be overcome by tiredness, especially on long,

monotonous motorway journeys.”

Immediately following the accident, Mr Butkovic and Mr Zahn, together with members of the public, tried to help Mr Hein but could not reach him and called the emergency services. The first doctor to arrive declared him deceased.

Concluding his report, Sheriff Dempsey said: “Thomas Hein was a 25 year old man who was much loved by his family and friends.

“I express my condolences to the family and friends of Mr Hein.”

Signing off in German, he added ‘Möge er in Frieden ruhen’, which means ‘may he rest in peace’.

The Procurator Fiscal has noted the conclusion of the FAI, which was

a mandatory process because the death occurred while in the course of employment.

Commenting, Procurator Fiscal Andy Shanks, who leads on fatalities investigations, said: “We note the sheriff’s determination.

“The determination has been provided to Mr Hein’s family and our thoughts are with them at this time.”