A truck driver who veered out of his lane and hit a parked tow truck while he was distracted looking at his mobile phone said he was lucky no one was hurt in the collision.
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The man, who The Courier will not name because he did not receive a conviction, pleaded guilty at the Ballarat Magistrates' Court this week.
Police prosecutor Senior Constable Clint Prebble said the 47-year-old was employed as a heavy truck driver when he was driving from South Australia to Laverton in September 2020.
The court heard he was driving on the Western Highway at Leigh Creek when he checked a message on his mobile phone, looking down and taking his eyes off the road.
At one point he took both hands off the wheel to use his phone.
Senior Constable Prebble said the driver veered into the emergency lane five to seven seconds later and collided into the rear of a parked tow truck, while still looking at his phone.
The collision caused the parked truck to spin. The driver of the parked truck had been next to the passenger side door checking a noise.
You have done all you can to demonstrate you are sorry for what has happened and you clearly understand the dangers of that momentary inattention.
- Magistrate Letizia Torres
The man was struck by the cabin of the truck and thrown onto the ground, but was uninjured.
The accused man was startled by the collision, looked up from his phone, braked hard and skid for 25 metres, gained control, pulled over and went back to help the other driver.
Police attended and he admitted to using his phone.
He told police 'I know what I have done was stupid and wrong, I am lucky nobody has been hurt'.
He said 'I can't take back what happened, I just wish it didn't happen'.
Defence lawyer Michael Woods said his client was 'extremely remorseful' and the incident was a 'strong reminder of the importance of attention on the road'.
Magistrate Letizia Torres said she took into account the man's remorse, admissions and insight.
"I also note you have changed your practise when you are working and whether you have access to your phone or not," she said.
"You have done all you can to demonstrate you are sorry for what has happened and you clearly understand the dangers of that momentary inattention."
The man was sentenced to a six month good behaviour bond without conviction. His licence was cancelled and disqualified for six months.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
