John Kearns at the scene of his horrific crash on the Mount Dandenong Tourist Road.By Tania Martin
A MAN who spent a night in his crashed car not knowing if he was going to live of die is suing VicRoads.
John Kearns, 41, now of Queensland, was driving on the Mount Dandenong Tourist Road when his car slid off the road, down an embankment and hit a tree.
He says the road was unsafe, slippery and that there should have been signs warning drivers of the dangers.
On Tuesday, 12 October 1999, Mr Kearns spent a night in his car not knowing if he was going to survive after his car lost control on the Mt Dandenong Tourist Road near Browns Road at Montrose.
Mr Kearns said it was just after 9pm when his car went over a slippery patch on the road and he lost control.
“I hit the corner and I had no steering and slid straight off the road and into a tree,” he said.
He said despite a massive pain in his chest he managed to release his seatbelt and got out of the car.
“But I didn’t realise I had a broken hip and pelvis and couldn’t stand up,” he said.
“I then rolled the rest of the way down the hill and it took me at least five or six hours to climb back up to my car just using my hands because I couldn’t walk.”
Mr Kearns then climbed into the back seat of his car and covered himself with a tarp and Driza-Bone and waited, hoping someone would find him.
But it was to be a long 14-hour wait for Mr Kearns until someone eventually saw what had happened and called for help.
He said throughout the night he faded in and out of consciousness.
“I didn’t think I was going to survive,” he said.
But an Olinda woman came to his rescue the next morning and called an ambulance.
“She had heard something the night before but couldn’t see anything because it was pitch black,” Mr Kearns said.
“She said it played on her mind all night so she came looking first thing in the morning to see what had happened.”
Mr Kearns was taken to Maroondah Hospital before being transferred to the intensive care unit at The Alfred hospital with a head injury, collapsed lung, crushed vertebrae, ruptured aorta, broken hip and pelvis, paralysed left vocal cord, extensive scarring to his groin, legs and back and psychological trauma.
Lawyer Dina Tutungi of Slater and Gordon in Ringwood, said Mr Kearns has now started legal action in the County Court, claiming that VicRoads failed to take reasonable care to ensure the road was safe for users.
Mr Kearns believes there should be signs warning motorists of the dangers of the corner where his accident occurred.
He also said there should be some kind of barrier to prevent motorists from plunging down an embankment like he did.
But now, seven years after the accident, barriers and warning signs where Mr Kearns had his accident are in place.
Mr Kearns’ claim now has to be recognised as a serious injury claim before the case can proceed.
VicRoads said it will not comment on the case because the matter is currently before the courts.
