Death of HGV driver in Hermiston Gait crash could have been avoided inquiry finds
The tragic death of a West Lothian lorry driver could have been avoided an inquiry has found.
Father-of-two James Murray died in August 2022 after his lorry overturned near Junction 1 of the M8 close to Hermiston Gait roundabout in Edinburgh.
An investigation found the incident happened due to the load on the trailer shifting and causing both the trailer and cab to topple. Despite paramedics’ efforts to save his life, the 54-year-old died from head and chest injuries on August 23, 2022.
Unlike a criminal trial, a Fatal Accident Inquiry seeks to establish the facts surrounding the death and is not a hearing which apportions blame. The report stated the Heavy Goods Vehicle Mr Murray was driving contained approximately 41 pallets of paper and plastic and weighed around 24,156kg. The report concluded the load had not been adequately ‘secured to prevent it from moving.’
It added Mr Murray, who had been an HGV driver for more than eight years, ‘was travelling within the speed limit’ and was a ‘diligent and careful driver who was fully compliant with driving regulations’.
Sheriff Iain Nicol found that the accident could have been avoided if a number of precautions were taken and made two recommendations aimed at reducing the risk of similar deaths in future.
He recommended that the Driver and Vehicle Standards Agency (DVSA) and Health and Safety Executive (HSE) look at improving industry‑wide compliance, noting ongoing gaps in understanding load‑security dutiesdespite clear laws and guidance.
He also recommended the consignor of the load being transported improve its health and safety procedures through proper risk assessments, staff training, and stronger supervision, if it has not done so already.
The investigation noted that neither R Drummond (Carriers) Limited, Mr Murray’s employer, nor Interflex, the consignor of the load, had not prepared a load plan adding the ‘risk assessments which had been prepared were inadequate.’ Mr Murray’s employer ‘accepted that there had been a failure to ensure the health, safety and welfare of their employees’ and was fined £120,000 in December 2025.
Following the publication of the determination, Debbie Carroll of the Crown Office and Procurator Fiscal Service, Scotland’s death investigation authority, said: “We note the Sheriff’s Determination and the recommendations made .The Procurator Fiscal ensured that the full facts and circumstances of James Murray’s death were provided at the mandatory Fatal Accident Inquiry.
“The Determination has been provided to Mr Murray's family, and our thoughts are with them at this time.”
In a statement released by Police Scotland in 2022, James’s wife, Julie Murray said: “There are no words that can truly describe the devastation and pain our family feels just now.
“James was my life and a fantastic dad to Lauren and Jamie and also a wonderful son. It’s so hard to comprehend what has happened and to think we will never see his smile or hear his laughter again.”