NEWS: Death by Mobile

By MARK McLAUGHLIN
Edinburgh Evening News
1 February 2010

A COUPLE are suing the estate of a van driver who died when he crashed into their car while talking on a mobile phone - leaving their son confined to a wheelchair.

Heather and Steven Gray, of Eliburn in Livingston, are seeking damages from the estate of Qiqin Lin, 28, who lost control of a rusted and overloaded delivery van on the M8 while taking a call and spun into oncoming traffic.

Mrs Gray was driving along the opposite carriageway with her two children when the van came hurtling towards her on its side.

A fatal accident inquiry (FAI) into the crash near Shotts on 29 December, 2007, concluded that Mr Qiqin, a Chinese supermarket worker formerly of Falconer Rise in Livingston, was solely to blame for the crash.

It is understood that the Grays have already settled a claim for their 15-year-old son, who was paralysed in the crash, but they are still seeking damages for injuries sustained to Mrs Gray, 45, a former staff nurse who is now medically retired, and their 11-year-old daughter.

Mrs Gray said: "This isn't a lottery win. We've been left with a lot of bills for things like adapted cars and other medical costs.

"I have no feelings towards the driver whatsoever. The man left behind a family and we are sympathetic to that. I feel for their loss.

"However, people need to be made aware of the consequences of their actions if they break the laws that have been put in place to save lives."

The Grays are calling for tougher sentences for drivers caught flouting the law prohibiting driving with a handheld mobile phone, which took effect just ten months before their own devastating crash.

Mrs Gray added: "The current legislation doesn't go far enough. People should be jailed for it, because they are putting people's lives at risk. Ours was an accident that could have been prevented. The FAI speaks for itself."

In his determination at Hamilton Sheriff Court last month, Sheriff Thomas Millar concluded that had Mr Qiqin complied with the relevant legal requirements regarding use of mobile phones, loading of his vehicle and construction and use, the accident would not have occurred.

Telephone records show that Mr Qiqin made and received several calls during his journey from Glasgow to Edinburgh, including a call received immediately before his van spun out of control.

Mark O'Dowd, director of operations at personal injury lawyers HBJ Gateley Wareing, confirmed that the firm was pursuing a case against the estate of Qiqin Lin on behalf of the Gray family.

Mr Qiqin's former housemate on Falconer Rise said his wife Fang Chen has now returned to China with their daughter, leaving the administration of his estate to her lawyers.

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