Finding into death of Noel Edwin Capes
Deceased
Noel Edwin Capes
Demographics
73y, male
Date of death
2023-08-31
Finding date
2024-11-20
Cause of death
Multiple injuries sustained in a motor vehicle incident (passenger)
AI-generated summary
Noel Edwin Capes, aged 73, died as a passenger in a motor vehicle collision on 31 August 2023 when a Subaru failed to give way at an intersection with the Hume Freeway and was struck by a truck travelling at 98 km/h. The Subaru was coasting at approximately 32 km/h and never slowed as it crossed the give way line. The coroner found that Noel's conduct did not contribute to his death, and that the truck driver could not avoid the collision despite braking and swerving. All four occupants of the Subaru died at the scene. This is not a medical case involving clinical error or preventable healthcare-related death; it is a traffic fatality resulting from the driver's failure to give way at an intersection.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Contributing factors
- Subaru driver failed to give way at intersection with Hume Freeway
- Subaru coasting at 32 km/h without slowing as it crossed the give way line
- No seatbelt use adequate to prevent fatal injuries
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