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The death of Christian Herbulot, in Warkworth in November 2020, has prompted the coroner to recommend that it should be mandatory for health practitioners to report to Waka Kotahi NZTA any patient deemed unfit to drive, if the unfitness will endure for more than 60 days.
Associate coroner Jennifer Smith, who apologised for the lengthy delay in releasing a decision, found that Herbulot, 55, drowned secondary to a car crash. On November 22, his car travelled at high speed down Neville Street, went over the roundabout at the end of Baxter Street and through the children’s playground before finally coming to rest upside down, fully submerged, in the Mahurangi River.
“It is not possible to ever be 100 percent sure of the precise cause of the crash, which ultimately resulted in Christian’s death,” Smith said. “However, the evidence suggests that he was not in control of the vehicle prior to it entering the water. In light of all of the evidence available to me, it is likely that Christian suffered a seizure or sleep event that rendered him unconscious prior to the crash.”
Noting the medical evidence and the opinion of his general practitioner, Smith said it seemed clear that Herbulot ought not to have been driving.
“Despite the recorded history of Christian having an accident after falling asleep while driving and a neurologist apparently determining he should not be driving, the only record of discussions between the GP and Christian was in 2019, when he was “advised not to drive if feeling at all tired” and later, “concerned re driving safety”. It is, therefore, not clear that Christian was clearly told by either his neurologist or his GP that he must not drive until he was symptom-free for a stated period of time.”
Smith called for a legislative change, requiring health practitioners to record in writing any advice given to a patient regarding their fitness to drive, if they had an ‘at risk’ condition. The advice should include a record of the timeframe the patient was told not to drive and a copy of this advice should also be given to the patient.
“If drawn to the public attention, [these recommendations] could reduce the chances of the occurrence of other deaths in circumstances similar to those in which the death occurred,” she said.
