Father outraged after four-year-old son’s leg broken in horror garbage truck incident

A Scarborough father has been left with more questions than answers after his four-year-old son’s leg was broken in an incident with a garbage truck. John Fogarty told PerthNow of how close his young son came to death when riding his scooter to school nearly two weeks ago. The boy was on his way to Scarborough Primary School just after 8am on November 24 with his mother as part of the Department of Transport’s Your Move campaign, which encourages children to take a different route to school. Mr Fogarty said his son was travelling on a scooter with his mother just metres behind when the accident with the garbage truck occurred. His left leg was fractured and ligaments in his neck strained in the accident with the truck. “If (he) was a split-second earlier, he would have went right under the truck,” Mr Fogarty said. The little boy was unable to sit up for four days due to his injuries and was released from Perth Children’s Hospital six days after the traumatic incident. Mr Fogarty said following an operation to fix the fracture, his son will be in a wheelchair for nearly two months and in a neck brace for four weeks. Since the incident, Mr Fogarty has been searching for answers on the lane which the Veolia truck passed through to empty bins on school grounds. The gravel lane is wedged between the school’s new construction site and back fences of homes on Brighton Road. It was closed after a subsequent meeting between Mr Fogarty and City of Stirling Mayor Mark Irwin. Mr Fogarty claimed there had been talks between the school, council and residents to remove the lane. Mr Fogarty said these talks came during plans for a $9.7 million upgrade to the school, which is currently under way. He said there were many aspects overlooked which resulted in the lane not being removed. “My son has almost been killed and it’s only through sheer luck that he wasn’t,” he said. “This is because of people not investigating and doing their job correctly when they had these reviews and just cowboy actions. “The more questions I ask, the more disappointed I become because it seems that more and more people were negligent. They added to it, however big or small, to this incident occurring. “We’ve had the worst week of our lives, having to watch your four-year-old son go through the pain and discomfort and just being terrified of what he’s had to go through.” Mr Fogarty said he was angry at both the City of Stirling and Veolia. Veolia released a statement clearing the truck driver of any wrongdoing within 24 hours of the incident. “They put out that statement with no care or reflection on my son and what’s happened to him and that angers me,” Mr Fogarty said. “At no time did they show any concern for my son. They never wished him luck in his recovery or that they felt sorry for the incident occurring.” However, a statement provided on Monday from a Veolia spokesperson showed some concern for the boy, as well as reaffirming the driver being clear of any fault. “We continue to assist investigations into this unfortunate accident. The driver did all that he could in the circumstances and stopped the vehicle to offer assistance,” the spokesperson said. “He has been cleared of any fault by authorities. He was also shaken and distressed and has been offered support through our employee assistance program. “The driver was following the traffic regulations. We wish the little boy all the best for a speedy recovery, which is our primary concern here, as well as the welfare of our driver. “When the incident occurred, the driver parked the vehicle and spoke to the child’s mother at the scene in order to check the boy’s condition. “She advised the driver there was no need to stay. The driver provided his contact details, returning to the scene later with police to undertake routine drug and alcohol testing.” The company said the lane was a “public laneway” but a statement from Mr Irwin said it was private property in which pedestrians were to be given the right of way. “The city’s thoughts are with the young boy involved and we wish him a full recovery. I have spoken to his father to offer assistance however we can,” he said. “The truck was not a city vehicle or a contractor working on behalf of the city, and the laneway in question is privately owned. All motorists using laneways must give way to pedestrians on the footpath.” Veolia said the truck was operating in its approved time frame with the school and the company was working with the school to reassess this. “Our thoughts are with the young man injured and we wish him a quick recovery,” Department of Education’s north metropolitan director of education Joanna Harris said. “The school has contacted the waste removal company and requested they modify their collection timetable so they’re not accessing school grounds during drop-off and pick-up times. This request has been accommodated. “Support has been offered to anyone who has been impacted by the incident.”