Truck driver who crashed into army vehicle on Hume Highway avoids jail

Michael George Elmer smashed into the rear of the Alvis amphibious army vehicle about 9.35pm on March 13, 2019.

The victim, Graham Arkle, was ejected and critically injured and wasn't discovered for an hour and 40 minutes after Elmer failed to immediately report the crash.

Elmer, who hasn't driven since the incident three-and-a-half years ago, has now been disqualified from driving for four years and ordered to perform 200 hours of community work.

The County Court heard the Beechworth truck driver had been northbound in his B-double near Glenrowan and had failed to notice the army vehicle, which was being driven by Mr Arkle at about 80km/h.

He braked at the last second and knocked the Alvis down an embankment, causing the machine to roll several times over a distance of 30 metres.

Mr Arkle suffered a broken leg, shattered pelvis, fractured sternum, eight broken ribs, a fracture vertebrae, knee injury and skin loss on his groin.

He was flown to the Alfred Hospital in a critical condition.

Mr Arkle and four family members documented the ongoing impact of the crash in victim impact statements.

"Those victim impact statements demonstrate the horrific long-term injuries that Mr Arkle has suffered that have shattered his life and the lives of his family," Judge Geoffrey Chettle said.

"His daughter Joeline summed it up by saying, 'We all feel devastated that one car crash can take away so much from so many'."

The army vehicle's right tail light was not illuminated at the time of the crash and it did not have a seatbelt.

The injured man had been travelling to a gathering of similar vehicles at Corowa at the time.

Mr Arkle was a regular attendee at the event.

Elmer pleaded guilty to failing to stop after the crash and failing to render assistance, but wasn't legally responsible for the injuries.

A charge of dangerous driving causing serious injury was previously withdrawn, avoiding the need for a trial.

"You told police you looked down to get something or to scratch your leg and the next moment, 'boom, I was on him'," Judge Chettle said.

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"You could not remember seeing any tail lights and had no idea what happened to the vehicle you hit after the collision."

The 59-year-old has priors for multiple counts of drug-driving and drug possession, steroid possession, careless driving, dishonesty offences and logbook offences.

He has been banned from driving several times.

The prosecution called for jail, but Judge Chettle said a corrections order with unpaid work was appropriate.

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