Published: 14:00, 27 August 2014
A security guard suffered a fractured pelvis when he was squashed between two vehicles during a road-rage incident on a Swanscombe industrial estate, a court heard.
Maciej Tymoszko was wearing his black uniform and standing by his Jeep Grand Cherokee when he was allegedly struck, trapped and then dragged by the Ford Transit Tipper van.
Speaking through a Polish interpreter, he told a jury at Maidstone Crown Court that the first impact from the truck forced him against the side of his vehicle.
The motion of the Transit then rolled him along the Jeep before there was a second, harder impact and Mr Tymoszko was eventually pushed to the ground.
“I heard the sound of breaking bones,” he said. “Initially I thought it was my spine but then when I fell to the ground and tried to get up I couldn’t.”
Asked what part of the Transit had hit him, Mr Tymoszko replied: “I was in such pain I wasn’t looking”, before adding: “I was trying to save my life.”
“I heard the sound of breaking bones. Initially I thought it was my spine but then when I fell to the ground and tried to get up I couldn’t” - Maciej Tymoszko, alleged victim
The security guard was later airlifted to a London hospital having suffered a “complex” fractured pelvis. Dents were left along the bodywork of his Jeep.
The tipper driver, Thomas Harber, drove off after the incident in Manor Way on March 30 last year.
However, the 24-year-old, who had been to a nearby scrapyard, was traced by police and later claimed he had been attacked by Mr Tymoszko, whom he described as “screaming, shouting and hollering” at him.
Harber, of Kingsingfield Road, West Kingsdown, denies causing grievous bodily harm with intent and causing serious injury by dangerous driving.
At the start of the trial on Tuesday, prosecutor Ian Foinette said Harber also told police he “had no idea” he had either hit Mr Tymoszko or that there had been any impact between them.
Mr Tymoszko, who is in his 30s, was responsible for patrolling several locations, including the industrial estate in Manor Way.
Just after 8am and with a German Shepherd in his vehicle, he was driving past three closely-parked lorries when he saw the tipper approaching at speed.
He told the court there was no room for the two vehicles to pass each other and the tipper stopped head-on and “very close” to his Jeep.
After an initial stand-off, Mr Tymoszko slowly reversed before pulling in at an angle behind the first lorry and waiting for the Transit to pass.
However, he told the jury that Harber pulled up alongside him, opened his window and repeatedly asked if Mr Tymoszko “had a problem”.
The security guard said he wanted to explain to Harber that he was driving too fast. Because his engine was running and the dog was barking he got out of his Jeep and asked Harber to do the same.
However, he said when Harber stayed in his Transit, he decided to return to his own vehicle.
“I told him: ‘If you cannot see what the problem is you may as well drive away.’ I was facing my vehicle on the side when it (the impact) turned me around so my back was against my vehicle and pushed me towards my vehicle. The only thing I could do was to lean back against my vehicle.”
Mr Tymoszko said he was trapped as the tipper continued to move.
“I started rolling between the two vehicles. Effectively the impact was rolling me and in the end I was pushed to the ground.”
Mr Tymoszko, who was living in Essex at the time, added that he had not done anything to the Transit driver other than tell him he was driving too fast.
The trial is expected to end this week.
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