A P-plater who carried out an “unnecessary and unsafe” overtaking attempt on the Bass Highway last year is “solely” to blame for the death of a father of two, a Coroner says.
Daniel Brian Johnson, 47, was killed as a result of the collision near Deloraine on February 7, 2023.
Coroner Olivia McTaggart said Johnson was travelling east just before 11pm when he was hit head-on by a 21-year-old driver attempting to overtake a milk tanker.
The young driver, Xavier Cunnings, was returning from Launceston Airport with his partner, mother and sister when he crashed into Johnson’s car.
McTaggart said Cunnings should have been able to see Johnson’s headlights and could have waited 2km for a posted overtaking lane.
Court reports indicate the stretch of road where the incident occurred was a temporary 60km/h zone that had no painted road markings.
“The overtaking manoeuvre was both unnecessary and unsafe,” she said.
“As a driver holding a P2 licence, inexperience may have played a role in his decision.”
Johnson was seriously injured in the crash, sustaining two broken legs and significant internal injuries.
He was taken to the Launceston General Hospital, where he was taken off life support on February 26 as there was “no prospect of him recovering”.
McTaggart said that Johnson tried to avoid the crash by swerving but “could not have done anything more.”
Alcohol, drugs, road and weather conditions and vehicle defects played no part, McTaggart said.
Cunnings was sentenced to six months imprisonment following the crash, wholly suspended for 12 months and disqualified from driving for nine months.
