M42 Junction 9 Northbound

HGV driver imprisoned for seriously injuring family on M42

Dominic Nicholls, a 53-year-old resident of Inkerman Terrace in Hadleigh, Ipswich, has been handed a 30-month prison sentence for the grave offense of dangerous driving that resulted in severe injuries to three members of a single family, including an 8-year-old child. The tragic incident occurred when the heavy goods vehicle (HGV) he was operating collided with the stationary Nissan X-Trail on the hard shoulder of the M42 northbound in Warwickshire in April 2022.

As part of his sentencing at Warwick Crown Court on the 19th of October 2023, Nicholls was not only imprisoned but also disqualified from holding or obtaining a driver’s license for a period of seven years. To regain his driving privileges, he will be required to pass an extended driving test. Additionally, he was ordered to pay a Victim Surcharge of £190.

The devastating collision unfolded on the M42 northbound, in the vicinity of junctions 8-9 near Kingsbury in Warwickshire, at precisely 11:56 PM on the fateful night of Thursday, the 28th of April 2022.

The family involved was returning to their home in Stafford after a memorable family vacation in Sri Lanka. However, their journey was abruptly interrupted when a warning light illuminated on their vehicle’s dashboard, prompting them to pull over onto the hard shoulder to inspect the issue. Inside the vehicle were four family members, including their 8-year-old daughter seated in the rear offside passenger seat, and their 5-year-old son on the rear nearside.

Tragically, Dominic Nicholls was driving his 40-tonne HGV just a minute behind them, traveling in the same direction. For reasons unknown, the enormous lorry veered onto the hard shoulder at a speed of 55mph and collided with the rear of the X-Trail before the family had a chance to exit their vehicle.

The repercussions of this horrific collision were profound. All four occupants of the X-Trail suffered injuries, with the 8-year-old daughter bearing the brunt of the impact. Now 10 years old, she endured life-threatening injuries and had to be rushed to Birmingham Children’s Hospital. Thankfully, she survived the collision, but her life has been irreversibly altered. Regrettably, she will never regain the ability to think, talk, or walk independently and will be dependent on a wheelchair for the rest of her days. She will require a full-time carer for the rest of her life.

The parents of the injured girl were also severely harmed in the collision, while their 5-year-old son sustained minor injuries. This tragic incident serves as a stark reminder of the dire consequences of reckless and dangerous driving on the roads, impacting not only the victims but also the individuals responsible for such reckless behaviour.

PC Craig Pearson of the Serious Collision Investigation Unit said “This is a very sad and tragic case. Mr Nicholls has never provided an explanation for why he allowed his HGV to travel directly onto the hard shoulder towards the family’s X-Trail car, the overall responsibility for the speed and control of the vehicle must lay entirely within the hands of its driver – Dominic Nicholls. The dash cam footage from the HGV shows that Mr Nicholls makes no attempt to brake or take avoiding action prior to the collision. The standard of driving falls far below that expected of a careful and competent driver. We hope this sentence brings some comfort to the family whose lives have been devastated by what happened that day.”

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