Veolia bin lorry driver from Rainham keeps licence despite injuring Headcorn woman in crash at crossroads in Langley near Maidstone
A bin lorry driver who left a woman with several fractures when he ploughed into her car at crossroads has been spared jail and allowed to keep his licence. Dino Farrell was on his way to collect rubbish from the Potting Shed pub in Langley, near Maidstone, when he failed to stop at the four-way junction with Leeds Road, Ulcombe Road and Heath Road.
At the time of the accident, shortly before 6am on February 9, 2024, it was dark, raining heavily, and a road closure had led to both Farrell and Nissan Qashqai driver Clare Head having to follow a diversion route. But as Mrs Head headed along Leeds Road and approached the crossroads, at which she had right of way, the bin lorry came straight out of Ulcombe Road without stopping, slamming into her car before embedding itself in a nearby garden.
Maidstone Crown Court heard Farrell not only failed to see a lit 'Stop' sign fixed to a lamppost but also the unbroken white line marking at the end of Ulcombe Road which was partially obscured by surface water. A police officer later described the scene as "carnage" with the Qashqai "destroyed" and debris scattered across the carriageway. Mrs Head was left with permanent and irreversible disfigurement and injuries, which included fractures to both ankles and collarbone, as well as extensive internal and external bruising.
Even her tongue was bruised, the court was told.
She spent 11 days in hospital, underwent surgery to have her ankles pinned and plated, was off work for six months, and still struggles with her mobility to this day without using a walking stick or resting every 20 minutes. But, having attended Farrell's sentencing hearing on Thursday (May 21), the 64-year-old administrator from Headcorn revealed she had no hard feelings against the Veolia refuse collector for what she described as "a moment of madness".
Furthermore, in light of the fact he faced losing his job if he lost his licence, she did not object to an the application by his legal team that there were "special reasons why the obligatory driving ban should not be imposed" - an attitude praised by the judge as "extremely magnanimous". Farrell, 52, of Bedson Walk, Rainham, pleaded guilty to causing serious injury by careless driving at his first court appearance as long ago as August 2024.
But with the case having been committed to the crown court, it became caught up in the criminal justice system backlog, leaving both binman and victim waiting almost two years to learn his fate for what was said to be a "momentary lapse in concentration". "He showed remorse and accepted he was fully responsible for his actions..." Prosecutor Seth Cox told the hearing that Farrell approached the crossroads with the stop sign facing him but was "unaware" of the junction itself.
"He continued driving, without acknowledging or adhering to the stop sign or the white line partially covered by water and collided with Mrs Head as she drove along. The lorry then embedded itself into a garden opposite," he explained. "Mrs Head said she had no time to react when the dustcart pulled out from her right.
She stated 'It was driving so fast it didn't appear to try to stop'." Farrell was said to have shown immediate concern for Mrs Head in the aftermath, as well as admitting he was "totally at fault", added Mr Cox, having failed to give way at the junction. He also answered all police questions when formally interviewed.
"He showed remorse and accepted he was fully responsible for his actions," said the prosecutor.
However, the court was told the offence was aggravated by the fact Farrell was driving for commercial purposes and in a "very large" vehicle with the potential to cause "much more serious harm".
In a victim impact statement read out during proceedings, Mrs Head described suffering ongoing pain and swelling to her ankles. Doctors also fear one of her injuries may never fully recover. She also said the collision had left her with anxiety, something she had never suffered from previously, and can feel nervous when driving.
"Thoughts of what could go wrong remain with me," she added. "I didn't want him to lose his job and I don't hold any grudge. It was a moment of madness..."
Farrell, who has no previous convictions or licence endorsements, was said by his lawyer, Matthew Griffiths, to have made "no attempt to shift blame" and was remorseful from the outset.
Explaining how the crash occurred, he told the court that because Farrell's SatNav would not take account of the road closure he used Google maps on his phone, fixed to his dashboard, instead. However, that failed to indicate the crossroads ahead as he approached. The weather was also "appalling", said Mr Griffiths, with the junction covered by "a great deal of standing water" and the unbroken while line "effectively non-existent due to the state of the road".
He also told the court that dashcam footage showed Farrell had not driven in excess of 22mph in the two-and-a-half minutes leading up to his "momentary lapse in concentration".
Picture: Maddie-Anne Eversfield
"He would seem to have been driving perfectly carefully before that point and doing no more than 20mph on a road with a national speed limit of 60mph," said the lawyer.
"He was otherwise being prudent despite what happened." Imposing an 18-month community order with 180 hours of unpaid work, Recorder David Wood told Farrell that due to the conditions and the fact he was in "unfamiliar territory", he should have paid "more attention to the road. But he accepted Farrell had "missed an obvious stop sign" rather than carried out a dangerous manoeuvre, had a good driving record and expressed immediate remorse.
He added that the delay in criminal proceedings reaching a conclusion was "through no fault of his" and therefore also a mitigating factor.
Picture: Maddie-Anne Eversfield
Commending Mrs Head's attitude, he ordered Farrell to pay her GBP1,600 compensation within a year to cover loss of earnings. Her insurance company has already paid out for her car.
The court heard that Farrell, who was said to have been a professional driver all his adult life, was not handed an interim driving ban following his guilty plea almost two years ago and his employment with Veolia has continued. With potential loss of licence leading to financial hardship not being a "special reason" for not imposing the obligatory disqualification, Mr Griffiths argued the weather, the "failed" road markings, the defendant's otherwise careful driving and the surface water were valid considerations.
The prosecution, while highlighting the presence of the stop sign was "sufficiently clear", conceded the line marking was waterlogged and "difficult to see". When it was then pointed out by Mr Cox, having spoken briefly to Mrs Head in court, that the application by defence was unopposed, Recorder Wood remarked: "If that has come from Mrs Head, that is an extremely magnanimous position for her to maintain."
In deciding to endorse Farrell's licence rather than ban him, he stated he was "just persuaded" by the argument put forward in respect of the condition of the road markings, although he did not accept they were "non-existent". Recorder Wood also said he had "doubts" as to how brightly lit the stop sign was.
Speaking to KentOnline after the hearing, Mrs Head said: "I didn't want him to lose his job and I don't hold any grudge.
It was a moment of madness."