National

Truck driver jailed over crash that killed toddler

By AAP Newswire

Jun 30, 2023

Matthew Livingson outside court (file image) — Truck driver Matthew Livingston will be jailed for at least seven years for the death of a toddler. -AAP Image

A Victorian truck driver will spend at least seven years behind bars for killing a toddler in a multi-vehicle crash.

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Matthew John Livingston, 44, admitted driving his 43-tonne semitrailer into the back of a Volkswagen on the Calder Freeway on December 6, 2021.

Two-year-old Harriett was killed instantly while her parents Simon Peckitt and Felicity Stewart were hospitalised with serious injuries.

County Court Judge Michael Tinney described the incident as a totally avoidable tragedy.

"There is nothing that you or I or anyone can say or do to alter the sad reality for this family," the judge said during sentence on Friday.

"Their lives will never be the same again and that can be put down entirely to your actions."

In the 20 minutes before the collision, three drivers saw Livingston repeatedly swerve in and out of his lane, even coming close to a family stopped on the side of the freeway.

Each of the motorists overtook Livingston either for their own safety or to check whether he had fallen asleep.

There were also several signs in the 400m before the crash site telling drivers to slow to 40km/h because of roadworks.

Livingston didn't hit the brakes until 0.91 seconds before the collision, striking the almost stationary Volkswagen at 86km/h.

The semitrailer then veered to the right, hitting a Toyota Hilux which rolled and trapped another driver for about two hours.

Three other cars were struck either by the Volkswagen or the Hilux, while several other motorists were forced to move their cars off the road to avoid being hit.

Judge Tinney found Livingston was not fit to drive that day.

"Your driving was sufficiently worrying, if not frightening," he said.

"I'm satisfied you were fatigued, you were aware of serious deficiencies in your diving and you chose to continue driving."

Livingston pleaded guilty to culpable driving causing Harriett's death, as well as negligent driving causing serious injury to Mr Peckitt and Ms Stewart.

He also pleaded guilty to endangering 10 other people in the vicinity of the crash, including Harriett's one-year-old sister Jemima who was next to her in the back seat.

Livingston was jailed for 12 years and six months, but he will be eligible for parole after seven-and-a-half years.