Car deaths followed crane oil leak

Feb 3 2012

Three members of a family killed in a crash when their car skidded may not have died if a crane leaking oil had been properly maintained, a sheriff has ruled.

Ann Copeland, 45, and her daughters Niamh, 10, and Ciara, seven, died after their southbound Citroen Saxo lost control and veered across the carriageway into an oncoming car, a northbound Citroen Berlingo.

The crash happened on the A92 Stonehaven to Montrose Road at Warburton Farm, St Cyrus, Aberdeenshire on January 9 2008.

Following a fatal accident inquiry, Sheriff Kenneth Stewart determined that the Citroen Saxo lost control because of "contamination" of the southbound carriageway, particularly on the bend at the Warburton Farm access.

The contaminant was hydraulic or lubricating oil which had the effect of "considerably reducing the grip" of the Citroen Saxo's tyres on the roadway, he found.

Sheriff Stewart said that "on the balance of probabilities" the contaminant was deposited on the road by a mobile crane which was driven south on the A92 shortly before the accident. The oil leaked out from a hole in a hydraulic hose which had been incorrectly positioned, leading to abrasion.

Sheriff Stewart said that it is likely the fault would have been noticed if the crane's operators, William Whyte Cargo Handlers Limited, had had a programme of "planned preventative maintenance" in place for the crane, based "at least" on the recommendations contained in the manufacturer's manual.

Sheriff Stewart recommended that the UK Government "as a matter of urgency" bring in legislation to remove mobile cranes' current exemption from undergoing a compulsory regular roadworthiness test.

The inquiry, held at Stonehaven Sheriff Court over 20 days between March and November 2011, heard evidence that Whyte's now has a "preventative maintenance scheme" in place. No-one from William Whyte Cargo Handlers Limited was available for comment following the sheriff's ruling.

Mrs Copeland was a keen athlete and a member of the local Fleet Feet Triathletes club. Niamh and Ciara attended St Margaret's Primary School in Montrose. Mrs Copeland was survived by her husband Barry, the girls' father.