Glasgow bin lorry crash: Driver that killed six people faces private prosecution from victims' families

Harry Clarke, 58, lost consciousness as he was driving the truck along a busy street in the city centre

Harry Clarks, right, leaving court. The 58yr old was unconscious when his bin lorry veered out of control on 22 December 2014, killing six people (Universal News & Sport (Europe))

The driver of a Glasgow bin lorry which killed six people after he suffered a blackout at the wheel is facing a private prosecution from the family of three of the victims, after an official inquiry concluded the tragedy could have been avoided if he had not “repeatedly lied” about his medical history.

Harry Clarke, 58, lost consciousness as he was driving the truck along a busy street in the city centre on 22 December last year. The vehicle careered out of control and collided with a group of pedestrians doing their Christmas shopping, leaving six dead and 17 injured in the space of 19 seconds.

A Fatal Accident Inquiry (FAI) published on 7 December found that the deaths might have been avoided if Mr Clarke had told the truth about his medical history. During earlier hearings, it emerged that he had previously blacked out while behind the wheel of a stationary passenger bus in 2010.

After that incident, which took place when he was employed by First Glasgow, he “deceived” three doctors about the nature of what had happened to him “in the hope that he would be able to return to work sooner rather than later so that he would not lose his job”, Sheriff John Beckett QC said in his judgment.

Mr Clarke was later employed as a bin lorry driver by Glasgow City Council, but did not disclose his medical background to his employers or the DVLA. In total, the Sheriff highlighted eight instances whereby the fatal accident might have been avoided, all of which related to the driver’s medical history.

“It may well be that the single most useful outcome of this inquiry would be to raise awareness of the dangers involved in driving if subject to a medical condition which could cause the driver to lose control of a vehicle,” Sheriff Beckett said, making 19 recommendations to prevent similar tragedies.

The FAI was set up after Scotland’s Crown Office chose not to prosecute anyone over the crash. On 7 December, a spokesperson said nothing in the Sheriff’s judgment undermined that decision, adding: “There was no finding that the driver knew or ought to have known that he was unfit to drive.”

However, after the Sheriff’s views were published, the family of three of the victims – 18-year-old Erin McQuade and her grandparents Jack and Lorraine Sweeney – said they had instructed their own lawyers to take action.

“The family note the press release by the Crown and they contend they were right not to prosecute the driver,” they said in a statement. “We firmly remain of the view that they are wrong as is their interpretation of the findings and recommendations. As a result we have instructed our solicitor to commence a prosecution against the driver.”