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Daily Record
Daily Record
National
Jackie Grant

Sheriff rules van driver killed in horror Dumfries and Galloway crash fell asleep at the wheel

A van driver who was killed with his teenage passenger in a horror crash had fallen asleep at the wheel, a sheriff has ruled.

Workmates David Walton, 57, and Joshua Hatton-Emery, 17, were in a Mercedes Sprinter van when it hit the rear of a lorry on the M74 near Eaglesfield.

An HGV had slowed due to a diversion and was travelling at 2mph when the van driven by Mr Walton, of Werrington, Staffordshire, ploughed into the back of it.

The grandfather-of-six and teenager Joshua, who weren’t wearing seat belts, were pronounced dead at the scene.

The pair had set off from Stoke on Trent at 1.45am to deliver furniture.

An investigation revealed the van’s brakes had not been used in the moments leading up the smash at around 6.10am on May 2, 2019.

Joshua Hatton-Emery. (Stoke Sentinel)

A Fatal Accident Inquiry was held at Dumfries Sheriff Court and Sheriff Colm Dempsey said Mr Walton falling asleep at the wheel was the most likely cause for the fatal crash.

He wrote in his determination that both suffered horrific injuries and that “there are no precautions which could reasonably have been taken and which might realistically have avoided the deaths or the accident”.

The sheriff added that it was unclear why the van had collided with the back of the massive vehicle but that the collision “caused extensive damage to both vehicles” and as a result, both Mr Walton and Mr Hatton-Emery were trapped inside the vehicle.

In his conclusion, Sheriff Dempsey wrote: “The sole cause was driver fatigue; the danger of which is well known to professional and non-professional drivers alike.”

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