"Devoted" Chesterfield dad was “crushed to death” when tractor trailer with faulty coupling system detached and toppled onto his car

Jon Prigent’s daughter, 17, was driving her father’s Toyota Aygo at the time of his tragic death when the trailer hit the nearside of the car on July 30, 2020 in Old Whittington.

Derby Crown Court was shown CCTV footage showing how the trailer rolled back down Station Lane and hit a wall before landing on top of the army veteran dad-of-two.

Mr Prigent, 47, was giving a driving lesson to his twins at the time, having just dropped his son Oliver at a gym on Station Lane Industrial Estate.

Video footage showed son Oliver looking back and seeing the huge trailer crush the left-hand side of the car and running back out to the road.

Prosecutor Michael Brady told the court how defendant John Banks, 42, had failed to notice “the state of disrepair to the coupling of the tractor and the trailer”.

The court heard the trailer’s towing hitch hook and trailer eye had worn over a “long period of time”, which “should have been immediately evident” when they were detached.

Prosecutor Mr Brady said: “Its the crown’s case that Mr Banks failed to notice the damage that was obvious or, having noticed it, ignored it, and drove the trailer with an obviously defective coupling system.”

The court heard a police vehicle collision officer who attended the scene said as a Category C licensed driver Banks had enhanced knowledge of vehicle safety.

Banks, the court heard, was working for family business Banks Skip Hire on the day of Mr Prigent’s death.

Mr Brady said the collision happened as a result of mechanical failure and lack of maintenance to the trailer eye and hitch hook.

The court heard the trailer was heavily loaded with soil directly over the trailer axle at the time of the uncoupling.

Mr Brady said: “Mr Banks is a trained heavy goods driver and aware of the need for daily walk around safety checks.

"He was aware of the need for checks of the vehicle towing coupling as part of the daily checks.”

During an interview Banks said he had uncoupled the trailer “one to two weeks prior” to the accident, when it would have been evident that the parts were worn, the court heard.

Mr Prigent’s family sobbed as they read statements to the court about their father, brother, husband and son.

His wife Catherine described how she and army veteran Mr Prigent were unable to conceive naturally and had twins Maisie and Oliver through IVF treatment.

She described how Mr Prigent, who served in Northern Ireland, would stand outside London tube stations raising money for the Royal British Legion.

She said: “He was extremely proud of Maisie and Oliver’s achievements and never stopped until the day he died.

"I feel cheated that he has been taken away from me – our children are so sorry that they have lost their dad.”

His daughter Maisie, who was in the car and survived the crash, said she spent the next two years “constantly worried” “something terrible” was going to happen.

She said: “I was 17 at the time and I have taken my A-Levels and passed my driving test.

"I’ve gone to university – he will never get to see what an independent person I’ve become, my dad will never see me graduate or walk me down the aisle.

"I was very lucky to not lose my life. After the collision I felt nothing.”

Banks, of Crow Lane, Chesterfield, admitted failing to discharge general health and safety duty at work.

His defence barrister said Banks had no convictions at all, with “not so much as a point on his licence” and the incident was “manifestly out of character.”

Judge Jonathan Straw said: “The tragedy of this event cannot be overstated. Jon Prigent was a loved husband, father, brother and son.

"He was just 47. The fallout from Jon’s loss is unimaginable and incapable of being measured.

"He was a proud and hardworking man who was devoted to his family – his death has left a huge void which will never be filled.

"It’s sufficient to say that what happened was wholly avoidable by you, Mr Banks, had you taken proper care to ensure the equipment you used was in a serviceable and safe condition.

"This is an offence of omission and failure to make proper checks – there was no malice, intention or even forethought.”

Banks was handed 16 weeks jail suspended for 18 months.

The judge added: “The sentence can in no way reflect the value of Jon Prigent’s life.”