Death investigations

Load security FAI recommendations published after HGV driver’s death

The Procurator Fiscal notes the publication of the determination for the mandatory Fatal Accident Inquiry into the death of James Murray.  

The 54‑year‑old died on 23 August 2022 when his lorry overturned near junction 1 of the M8, close to the Hermiston Gait roundabout in Edinburgh, after the load in his trailer shifted and caused both the trailer and cab to topple.  

In his determination, Sheriff Iain Nicol found that the accident could have been avoided if a number of precautions were taken. 

The sheriff also made two recommendations aimed at reducing the risk of similar deaths in future.  

He recommended that the Driver and Vehicle Standards Agency (DVSA) and Health and Safety Executive (HSE) look at improving industry‑wide compliance, noting ongoing gaps in understanding load‑security duties despite clear laws and guidance. 

He also recommended the consignor of the load being transported improve its health and safety procedures through proper risk assessments, staff training, and stronger supervision, if it has not done so already.  

Unlike a criminal trial, an FAI seeks to establish the facts surrounding the death and is not a hearing which apportions blame. 

The purpose of an inquiry is to establish the circumstances of the death and to consider what steps, if any, may be taken to prevent other deaths in similar circumstances. 

The Procurator Fiscal, who acts in the public interest, provided detailed and comprehensive evidence to the Inquiry on the facts and circumstances of Mr Murray's death. 

Following the publication of the determination, Debbie Carroll of the Crown Office and Procurator Fiscal Service, Scotland’s death investigation authority, said: 

“We note the Sheriff’s Determination and the recommendations made. 

“The Procurator Fiscal ensured that the full facts and circumstances of James Murray’s death were provided at the mandatory Fatal Accident Inquiry.  

“The Determination has been provided to Mr Murray's family, and our thoughts are with them at this time.”