A truck driver was sentenced for leaving a driver completely disabled in Valls
The driver of a car traveling on the C-51 road, between Valls and Alió, saw how in a few seconds his life changed radically. This squad boy was the driver of a car when, suddenly, he fell on one of the three concrete blocks of a truck. These came undone because the trucker didn't tie them properly.
Eleven and a half years after the accident, the Fourth Section of the Provincial Court of Tarragona has endorsed the judgment of conformity initially issued by the Criminal Court number 2 of Tarragona, except for the compensation that two insurance companies must pay on the factor of correction in relation to aesthetic damage.
The tragic accident took place at half past eleven in the morning of September 10, 2010. The 26-year-old victim was driving a Fiat Stilo car on the C-51 road. Upon arrival at kilometer point 31,100, she came across a Renault 420.18 T truck, driven by the defendant and owned by a Barcelona transport company.
The truck was carrying three concrete blocks, 9.30 meters long and weighing 6,940 kilos each. They were unduly restrained. They only carried two slings – it allows a load to be hooked to a hoisting or traction hook – when they are really necessary, according to European regulations, at least four.
At that moment, one of the two slings came loose due to the pressure, yielding the load and one of the concrete blocks falling on the car.
The victim suffered very serious injuries, which took 281 days to stabilize, during which she remained hospitalized. On June 17, 2011, she was discharged from the Institut Guttmann in Badalona to her home. Among the sequelae that remained are very serious impairment of integrated upper brain functions, spastic tetraparesis with voluntary mobility of the right upper extremity, hemiplegia of the left leg, abolition of mobility of both knees, neurogenic dysphagia, multiple scars throughout the body etc
The victim is confined to bed or in a wheelchair, being unable to move from one place to another on their own, so they need another person
These sequelae definitively prevent them from carrying out any activity and occupation, they are confined to bed or wheelchair, being unable to self-propelled, to change from bed to wheelchair and vice versa, and to change posture. He presents a total and absolute functional dependence on a third person to carry out all the activities of his daily life.
He is unable to take care of him, which sets up a situation of great disability.
The victim received disability under the sentence of May 18, 2018, rehabilitating the custody of his mother. Since May 9, 2011, she has recognized a degree of disability of 100%. He was the owner of a house in Valls, which has required works to adapt it to his serious physical limitations. He needs permanent treatment to maintain his functional status.
According to the ruling, the need to receive these treatments in the future will mean that medical, pharmaceutical and healthcare expenses are generated.
He is currently assisted by his parents, who left their jobs to care for and be with their son.
The truck driver was convicted of felony bodily injury due to gross recklessness while using a motor vehicle. The penalty imposed – the extenuating factor of undue delay was taken into account – is six months in prison and the same time it takes to withdraw the license.