Death of gamekeeper in storm crash 'could have been avoided'

The death of a gamekeeper who crashed during a storm in Aberdeenshire could have been avoided if a shoot had been cancelled, a sheriff has ruled.

Matthew Burden, 36, died in hospital after the incident on the Tarland to Tillypronie road on 29 January 2022.

He suffered a head injury after being thrown from the all-terrain vehicle (ATV), which crashed during high winds.

After a fatal accident inquiry (FAI), Sheriff Christine McCrossan has now ruled his death could have been avoided by the cancellation of the shoot because of the weather conditions before he set off.

The sheriff said the death may also have been avoided if he had been wearing a seat belt.

The gamekeeper's employer, Tillypronie Estate, said it would "further reflect" on the sheriff's findings.

An amber adverse weather warning for high winds had been in place for eastern Scotland on the day of the accident as a result of Storm Malik.

Conditions locally were described as howling winds with windows rattling.

That morning, Burden's ATV was discovered against a drystone wall, and he was found lying unconscious on the road.

The gamekeeper was taken to Aberdeen Royal Infirmary but died 6 February 2022.

"I am satisfied that the weather was most extreme," the sheriff said in her determination. "It was a storm."

She said Burden had been driving the ATV in very high winds and the cancellation of the shoot was a precaution which could reasonably have been taken.

Sheriff McCrossan said another precaution which might realistically have avoided the death would have been for Burden to have used the restraining seat belt.

That could have prevented him being thrown from the vehicle and sustaining the head injury which caused his death.

She said had the shoot been cancelled "Mr Burden would not have been on the road at the material time and the wearing of the seatbelt would no longer be relevant."

She said there had been lack of effective monitoring of weather conditions, and the wearing of a seatbelt by Burden while driving in the course of his employment was not insisted upon by his employer.

The sheriff recommended a system of working where a senior member of staff checks the seven-day weather forecast in the run-up to the date of shoots booked on the estate, as well as the use of a seatbelt in the vehicle.

She offered her "sincerest condolences" to loved ones of the gamekeeper for their loss.

Tillypronie Estate said in a statement: "Matthew Burden was a highly valued and much-liked employee and everyone at the estate was devastated by his death through such a tragic accident.

"Our thoughts have always been with his family and loved ones. They have our deepest sympathy.

"At the time, the estate believed it had acted responsibly regarding health and safety matters, but it took a number of steps in light of this tragic event and will, of course, further reflect on the findings of the inquiry."