The grieving parents of a toddler killed when a semitrailer ploughed into their car say their tragedy should lead to systemic changes in the trucking industry.
Matthew Livingston, 44, was fatigued when he crashed his 43-tonne semitrailer into the back of the Volkswagen on the Calder Freeway on December 6, 2021.
Two-year-old Harriett was killed instantly while her parents Simon Peckitt and Felicity Stewart were seriously injured.
"No sentence will bring back the kind and gentle soul of our dear Hattie," Mr Peckitt told reporters outside court.
"We have been condemned to a lifetime of grief and heartbreak and our youngest daughter has lost her best mate."
County Court Judge Michael Tinney on Friday jailed Livingston for 12 years and six months, with eligibility for parole after seven-and-a-half years, finding he was fatigued.
Mr Peckitt said that should lead to systemic change.
"Logistics companies should not be able to put undue pressure on drivers and should in fact be heavily financially disincentivised for allowing their employees to drive fatigued," he said.
"We implore the National Heavy Vehicle Regulator to enact digital logbook tracking and for improved safety standards."
In the 20 minutes before the collision, three drivers saw Livingston repeatedly swerve in and out of his lane, even coming close to a family stopped on the side of the freeway.
Each overtook Livingston either for their own safety or to check whether he had fallen asleep.
There were also several signs in the 400m before the crash site telling drivers to slow to 40km/h because of roadworks.
Livingston didn't hit the brakes until 0.91 seconds before the collision, striking the almost stationary Volkswagen at 86km/h.
The semitrailer then veered to the right, hitting a Toyota Hilux which rolled and trapped another driver for about two hours.
Three other cars were struck either by the Volkswagen or the Hilux, while several other motorists were forced to swerve off the road to avoid being hit.
Judge Tinney found Livingston had not been fit to be behind the wheel.
"Your driving was sufficiently worrying, if not frightening," he remarked in sentencing.
"I'm satisfied you were fatigued, you were aware of serious deficiencies in your driving and you chose to continue driving."
Livingston admitted culpable driving causing Harriett's death and negligent driving causing serious injury to Mr Peckitt and Ms Stewart.
He also pleaded guilty to endangering 10 other people in the vicinity of the crash, including Harriett's one-year-old sister Jemima who was next to her in the back seat.
Judge Tinney said the tragedy was a totally avoidable and no sentence could compensate for the precious life lost.
"There is nothing that you or I or anyone can say or do to alter the sad reality for this family," he told Livingston.
"Their lives will never be the same again and that can be put down entirely to your actions."
Judge Tinney took into account Livingston's early plea, obvious remorse and good prospects of rehabilitation.
But he considered the crash a serious example of culpable driving and said Livingston needed to be punished as such.
"Any sensible or reasonable driver of a large vehicle would stop - you didn't," he said.
