Far-reaching implications for employers
In a decision that has serious ramifications for employers, the Court of Appeal today found that a kitchen fitter who sustained spinal cord injuries and was rendered paraplegic in an accident on the M1 after falling asleep at the wheel was entitled to compensation.
Mr Eyres' solicitor Daniel Herman, a Partner at Stewarts Law in Leeds, said:
"What this case shows is that employers who cause or permit their employees to work very long hours and drive at times when they are likely to be very tired could be liable if that tiredness leads to an accident. It has been accepted for decades that it is not safe to allow, for example, a factory employee to use machinery for hours at a time because of the risk of injury. Driving is also a potentially dangerous activity and employers need to take reasonable steps to ensure that their employees are safe."
Whilst the number of hours that HGV drivers can work is tightly controlled, there are no similar statutory rules for the thousands of white van drivers up and down the country. This case provides a stark warning for employers that they could be liable for injuries to their employees and others if an accident is caused by one of their drivers falling asleep at the wheel.
Michael Eyres, now aged 23, was involved in a single vehicle accident when he fell asleep at the wheel and lost control of the works van he was driving at 10:15pm on 11 August 2004.
Mr Eyres had been awake for over 19 hours and working for over 18 hours. He and his boss, the Managing Director of Atkinsons Kitchens & Bedrooms Ltd, were travelling north on the M1 when Mr Eyres, who was driving the works van, fell into a micro sleep. Upon waking, he panicked and slammed on the brakes, causing the van to roll over.
At the trial in May 2006 in Leeds, Mr Justice Crane found that whilst Mr Eyres' employer had been negligent in allowing him to work such long hours and to drive in a tired condition, Mr Eyres had not proven that he had fallen asleep. Instead, the use of a mobile phone was cited as the true cause of the accident.
However, this decision was rejected by the Court of Appeal, which held that it was more likely that he fell asleep and therefore allowed his appeal. Mr Eyres is now expected to receive damages in excess of £1 million to assist him with his care, equipment and housing needs.
Speaking after today's hearing Daniel Herman said:
"I am delighted that Mr Eyres' appeal has succeeded. Whilst his was always a difficult case, the evidence did suggest that it was more likely that he had fallen asleep at the wheel. I am pleased that the Court of Appeal has seen fit to reverse the decision made by the trial judge".