THE death of a lorry driver who became trapped in the flame-filled cab of a fuel tanker was likely caused by human error, a sheriff has ruled.
Steven Mitchell, 48, died following a crash on the Ullapool to Inverness road near to the Wester Ross village in December 2015 which saw the tanker he was driving topple over.
A fatal accident inquiry at Inverness Sheriff Court heard passers-by to the accident tried to save him from the burning cab as he screamed: "I am burning. Get me out."
Sheriff Gordon Fleetwood has now ruled that the accident was likely caused by Mr Mitchell becoming temporarily distracted.
The inquiry heard that two fire extinguishers on board the tanker which Mr Mitchell, from Inverness, and the witnesses tried to use to douse the flames did not work.
However he rejected claims from the victim's family that Highland Fuels, who Mr Mitchell worked for, were at fault and said the extinguishers would not have saved him because of the ferocity of the fire.
He said: "The vehicle was mechanically sound and free from defects. There was no evidence to suggest his driving in any way fell below the standard expected of a normally competent driver.
"The police collision report comes to the conclusion from examining the roadway and the vehicle that the most plausible explanation, I am afraid, is an error on Mr Mitchell’s part, probably caused by his becoming distracted. Beyond
that I am of the view that any conclusion would be speculation.
"In the absence of any other cause the accident was probably caused by driver error on Mr Mitchell’s part probably by his becoming distracted but no further definite conclusion is possible on the evidence."
He added: "There was clear evidence that the fire extinguishers kept on the vehicle were inoperative.
"The fire grew and spread quickly, accelerated to an extent by the diesel from the cargo tank.
"By the time the Scottish Fire and Rescue Service attended, about ten minutes after the alarm was raised, the blaze was out of control and Mr Mitchell certainly dead, the evidence was that anyone in the cab could not still be alive.
"Taking all these factors into account I am unable to come to the conclusion that Mr Mitchell was likely to have survived had
the rescuers had a working fire extinguisher to hand."
The sheriff ruled the fire started due to damage caused the vehicle's electrical wiring after it collided with a rock face.
Fellow lorry driver John Bellshaw told the inquiry he scrambled over the toppled tanker in a bid to save Mr Mitchell's life.
He said: "I saw the driver through the window. He spoke to me - a few words. He said: 'I am burning, get me out.' "I said: 'I am trying.'
"I couldn't see what was trapping him. His back was against the window. He couldn't get out and I couldn't get in."
"Within seconds of me trying to operate the extinguisher, the fire started to escalate.
"It was getting to the stage there could have been an explosion because there was a substantial escape of fuel."
In his determination, Sheriff Fleetwood praised Mr Bellshaw and fellow witnesses Robin Forrest and Alan Douglas for their bravery.
He said: The first thing I must do in this section is not strictly relevant to my determination but, in my view, is necessary given the evidence I heard.
"That is, to record my appreciation and admiration for those witnesses who came upon the accident by chance and who thereafter attempted to rescue Mr Mitchell with courage and resource. These are, John Bellshaw, Robin Forrest, and Alan Douglas.
"Although their efforts were unavailing there is no doubt they did all they could to try to save Mr Mitchell at considerable risk to themselves."
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