Car not to blame: coroner

By LACHLAN MOORHEAD

THERE was no evidence to indicate a Berwick woman’s death was caused by her car losing power just before it was hit by a truck, a coroner found on Friday.
Delivering her findings this week, Coroner Heather Spooner said Melissa Ann Ryan, a 32-year-old Berwick resident, was most likely distracted by a mobile phone conversation when her Volkswagen Golf was hit from behind by a B-double prime mover truck travelling eastbound on the Monash Freeway and crashed into the barrier near Huntingdale Road on Monday 31 January 2011.
Ms Ryan was rushed to Monash Medical Centre Emergency Department but died later that day.
Ms Spooner said prior to the collision Ms Ryan was speaking on her mobile phone that was ‘hands-free’ or on ‘loudspeaker’ either on her lap or in the console of her vehicle.
Ms Spooner also said evidence supported the conclusion that Ms Ryan was wearing her seatbelt.
The finding comes after the court received a letter of concern from Ms Ryan’s family in July 2011 which suggested her vehicle had inexplicably slowed down and that a plausible explanation was vehicle malfunction.
The coronial investigation into Ms Ryan’s death led to a host of Volkswagen drivers claiming they had experienced losing power in their cars, after which the car manufacturer recalled more than 25,000 vehicles across Victoria.
Ms Spooner said there was no fault detected in Ms Ryan’s car but it was impossible to investigate further because the car was destroyed in December 2011, which eliminated the ability to conduct further examinations.
Ivan Mumford, the driver of the truck which hit Ms Ryan’s Volkswagen, was advised in a police interview in March 2011 that he might be charged with careless driving but the charge was never pursued by Victoria Police.
A collision reconstruction detailed in the coroner’s report revealed that Mr Mumford was probably travelling at 90-95 kilometres per hour and within the applicable 100 kilometres per hour speed limit prior to braking and then hitting Ms Ryan’s car.
Ms Spooner said the evidence suggested Mr Mumford kept a sufficient distance between his truck and Ms Ryan’s vehicle.
She recommended that VicRoads consider amending road regulations to prohibit the use of mobile phones by drivers in moving vehicles.