In his judgment in the NSW Supreme Court in Sydney yesterday, Justice Clifton Hoeben found in favour of Alan Kendrick, of Oak Flats, in a claim of negligence against BlueScope Steel and a second company.

He said BlueScope was alerted to the traffic risk between domestic and heavy vehicles on internal roads in a report six years earlier but did little.

Mr Kendrick, 41, suffered extensive injuries in a collision between his car and a 47-tonne dump truck at a pinch point on an internal road on July 5, 2000 after his shift at the No 6 Blast Furnace.

Australian Steel Mill Services (ASMS) was also found negligent on the basis of vicarious liability through truck driver Wayne Phelps' actions.

Mr Phelps told a hearing in Wollongong earlier this year that when he saw the car approaching it appeared "a little off what I'd call the normal driving line".

He said it seemed to be more towards the centre of the road.

Mr Phelps said as they got close he lost sight of the car in the truck's blind spot.

"I decided at that stage that the driver would, being in control of his own vehicle, he would be better to judge where he was in relation to me and the guardrail," he said.

Mr Phelps thought he had passed the car. Then there was a loud bang from behind or beside the truck. The truck's rear wheels had run over Mr Kendrick's car, trapping him.

Mr Kendrick, who had no recollection of the accident, spent 16 months in hospital with spinal and other injuries.

He developed conditions including deep vein thrombosis, pneumonia, and septicaemia.

The court heard he and his wife split in 2003 and he now shared responsibility for his three children with his mother.

His 24-hour care regime was estimated to cost between $15,000 and $18,000 a week.

BlueScope submitted that the accident was caused by negligence of either or both the drivers, maintaining there was ample room for them to pass.

Justice Hoeben noted Mr Phelps slowed down twice in the lead-up to the accident.

"There seems little doubt if Mr Phelps had brought the Komatsu to a stop on either of those occasions, the collision would have been avoided."

He accepted Mr Kendrick's actions partly contributed (20 per cent) to the accident.

"What appears to have occurred is Mr Kendrick miscalculated the distance between his vehicle and the Komatsu," Justice Hoeben said.

This could have been due to bright headlights or protrusion of a service duct on the road that vehicles had to get around.

Justice Hoeben, on the question of likelihood of an accident, referred to a traffic management study BlueScope Steel commissioned in 1994 in relation to the impact of the opening of No 6 Blast Furnace.

It identified a potential conflict between domestic traffic and oversize vehicles and recommended that Kembla Rd, where the accident happened, be widened between the roundabout and Caster Rd.

This was not implemented, except the road was slightly widened on one side.

Justice Hoeben outlined several options BlueScope could have implemented. "What was not a reasonable response was to do nothing," he said.

He apportioned liability equally between BlueScope Steel and ASMS.

Justice Hoeben said although he was still to formalise the finding, the payout would be at least $9.4 million on top of Workers' Compensation.

"We are hopeful it will bring the legal process to finality and allow Alan and his family to move forward with their lives," BlueScope said.