Relief name of fatal crash driver cleared

The wife of a man blamed for causing a fatal truck crash in 2013 says she had the "inner strength" ripped from her while waiting years for his name to be cleared.

The coroner of a second inquiry into the cause of the crash near Tapanui has cleared Murray (Wayne) Brenssell of blame, saying it was caused by "a perfect storm" of events.

Mr Brenssell was driving a truck for Calder Developments Ltd, towing a hired low-loader semi-trailer on December 6, 2013, carrying five concrete panels, supported by a steel A-frame structure.

The truck was travelling south on State Highway 90 when it rolled on a bend, killing Mr Brenssell and fellow employee Toby Waitokia, a passenger in the truck.

Wives Shona Brenssell and Dale Waitokia were pleased Mr Brenssell’s name had finally been cleared, but it was a "bittersweet feeling".

"There’s still a lot of frustration," Mrs Brenssell said.

"It’s taken eight years to clear his name.

"It’s the build-up to where we are, at the moment, that has taken the inner strength out of me.

"If it was done correctly the first time, this would not have taken so long.

"I think I can most definitely rest easier now."

Mrs Waitokia thanked their legal representatives and the many people who had supported them throughout the ordeal.

"Without them, we probably wouldn’t have gotten this far.

"We’re very happy that Wayne has finally been exonerated.

"But it doesn’t change the fact that had those A-frames been up to spec in the first place, none of this would have happened. I’m still angry about that.

"It’s bittersweet for us."

The first coronial inquiry, completed in July 2015, found the crash was caused by "driver error and wrong line at the corner causing rollover; structural failure of the A-frames at the corner causing rollover; and structural failure of the A-frames at the corner with a resulting erroneous driver reaction, the combination causing rollover".

The matter was referred back to the Coroner’s Court after the families expressed dissatisfaction with the original findings, and new evidence came to light.

The Deputy Solicitor-general ordered a second coronial inquiry.

Coroner Peter Ryan, of Wellington, said considerable work was done to further examine the crash and find the most likely cause.

He said a combination of factors played a part.

Compromised structural integrity of the steel A-frame, allowing the centre of mass to shift on the trailer; an undulating road surface; the trailer’s suspension system not dealing well with the high centre of mass of the load and the modest overload; and a "non-intuitive braking response" from Mr Brenssell, resulting from sudden movement of the trailer under dynamic inputs from the road undulations, were all contributing factors.

"My impression from the evidence is that the crash was the result of a ‘perfect storm’, in that these four factors all aligned at the same point in time.

"In that situation, I do not consider that Mr Brenssell could have performed any remedial manoeuvre which may have prevented the crash, once these factors had aligned."

Mr Ryan recommend the design and manufacture of all A-frames used for carrying heavy and tall loads on trucks or trailers, should be certified.

NZ Transport Agency is supportive of the recommendations.

Detective Senior Sergeant Malcolm Inglis acknowledged the coronial findings.

"This has been a hard and long road for the families to get to this point. They were determined to make sure they got the answers as to what caused this crash and took the lives of their loved ones.

"It is our expectation that any recommendations are met to ensure our roads are a safer place for all."

john.lewis@odt.co.nz

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