Fatal crash deemed “inevitable” due to smart motorway failings, court told
A fatal crash where a van driver crashed into a broken-down car in the fast lane of the M4 was "inevitable" because the smart motorway safety systems were malfunctioning, a jury has been told.
Barry O'Sullivan, 45, was driving a grey Ford work van along the M4 on March 7 2022 when he collided with a Nissan Micra that had come to a halt in the outside lane of the motorway.
The collision, that took place between junctions 11 and 12 on the M4 westbound in Berkshire, caused both vehicles to propel forward, with the Nissan bursting into flames. Pulvinder Dhillon, who was a passenger in her daughter's Nissan Micra, suffered fatal injuries as a result. Advertisement
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Later discoveries showed that alerts from stopped vehicle detection (SVD) radars on the M4 junction 8/9 to 12 had not been communicated since March 2 2022 due to a technical failure on the IT network, jurors were told on Monday.
Consequently the network "wasn't showing messages about any obstructions in the road ahead" on the morning of the incident.
Prosecutor Ian Hope, delivering his closing speech at Reading Crown Court on Monday, said that although "something went wrong" with the smart motorway system, the defendant's driving still "fell below the standards expected of a competent and careful driver".
He told jurors: "Even if there were failings alleged, that doesn't prevent you from being sure that the defendant's careless driving played more than a minimal part in the death (of Ms Dhillon)." Advertisement Advertisement
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"There are no permanent warning signs," he added. "That's why everyone needs to drive carefully."
But defence barrister Ian Bridge told jurors the fatal crash was "inevitable" because motorists were not made aware that a vehicle was stranded in the fast lane, and it was "always likely" that a driver catching up to it at speed would not be able to notice that it was stationary until it was too late.
Reminding jurors of the 999 calls made by multiple motorists in the minutes prior to the crash, Mr Bridge said: "This collision was always possible, always likely, and because of the failings of the human eye and the need, critically, for safety systems on the motorways, they perceived this collision on the motorway as inevitable.
"One of the things that might have made these individuals alarmed and call 999 was perhaps that the safety systems on the motorway weren't working. Advertisement
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"There were 14 gantries between the position of Mr O'Sullivan at the point that vehicle stop, and the collision," Mr Bridge continued."Even at the point of the last call there were still three gantries, and yet there was nothing there."
Jurors were previously told that the technical issue on the M4 smart motorway system was fixed after the fatal collision, taking two hours and 29 minutes to rectify.
The first call made by a member of the public to Thames Valley Police informing them of the stranded vehicle was at 8:37am on the day of the collision, the trial also heard.
The highways authority was then notified just after 8:41am, about four minutes and 12 seconds after the call to the police was commenced.
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Jurors were informed how the Nissan had been stationary on the fast lane for six minutes before the collision.
O'Sullivan was driving his Ford van at speeds of about 74 to 80mph along the fast lane of the M4 westbound for the five seconds before the collision.
During his evidence, the defendant told jurors the fatal collision "wouldn't have happened" had he been "forewarned".
He said that when he saw the vehicle on the fast lane, he "didn't perceive it to be a hazard" and "perceived it to be moving".
He said: "All of a sudden I realised I'm gaining on this vehicle really fast, then I went to slam the brakes on and then before I knew, it the collision happened."
O'Sullivan, of Wixams, near Bedford, has pleaded not guilty to one count of causing death by careless driving.
The trial continues.