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The family of a lorry driver left severely disabled after a horrific crash have called the decision to leave him without compensation “unjust”.
Gareth Jones, 34, now of Staplehurst, had his left leg amputated and was left brain-damaged and blind when the gritter lorry he was driving slammed into the back of another HGV on January 18 2005.
That HGV was swerving to avoid a suicidal man near the Dartford Crossing.
Now Mr Jones, who was living in Strood at the time of the accident, has been denied a payout by the Supreme Court because it was seen that Barry Hughes' suicidal act was not considered a “crime of violence.”
While Mr Hughes died instantly from the collision the horrific smash which followed destroyed Gareth Jones's cab, throwing him from the vehicle.
His sister, Claire Rowlatt, 39, said she and the family have been left devastated and angry by the court decision, and eight years on are still determined to continue the fight.
She said: “We will never give up because my brother deserves everything.
"He was going out doing his job trying to make the world safe for everybody else and now he is completely disabled, blind and brain-damaged because of one person's act. Why should he go without?”
Dartford Crossing, near the site of the crash
“He’s injured through no fault of his own and he should have some form of compensation.”
“You have people who trip up kerbs and get awarded hundreds of thousands of pounds and Gareth gets nothing for all the injuries he has. It's just wrong.”
Claire and her husband Jason moved back to Kent from Derbyshire months after the accident to help care for Gareth.
“He’s 34 now. He could live until he’s 70 or 80 and he’s got no financial back-up. He’s got nothing. How do we carry on caring for him? He needs 24-hour care.”
Despite the stress of numerous court hearings the family insists it won’t be giving in for Gareth.
“There have been several times over the past eight years where my Mum felt she had enough and she wanted to give it up, but we’ve all said that that’s what they want... they want us to give-up.
"So we must not. We have to keep going because he does not deserve to go with nothing.”
"Gareth is alive, but we have lost our son as he was forever. He now requires around the clock care.
"As a family, we are fearful for his future as he needs so much support. Without substantial financial help we have no idea how we will be able to help him cope in the years ahead."
Linda Levison, Mr Jones’s representative and head of clinical negligence at law firm Pattinson & Brewer, said she was extremely disappointed" for Gareth, and described the court's decision as "an extremely unjust outcome for a person who is grievously injured through no fault of his own."