National Highways ‘knew smart motorway system was down and did nothing about it’ before grandmother killed in fatal crash, van driver tells court

Published: 18:54, 11 February 2026 | Updated: 18:54, 11 February 2026

National Highways knew its smart motorway [2] system was down and 'did nothing about it' before a grandmother was killed in a fatal crash, a van driver has said in court.

Pulvinder Dhillon, 68, was killed after Barry O'Sullivan's Ford work van smashed into the car she was in on the M4 on March 7, 2022.

O'Sullivan, 45, told jurors he had been made 'aware' that government-owned National Highways, which is responsible for motorways, knew the system had failed and 'did nothing about it'.

Mrs Dhillon was riding as a passenger in the Nissan Micra which had stopped in the outside lane between Junctions 11 and 12 during rush hour that morning.

Six minutes later, O'Sullivan's van careered into the back of the car, fatally injuring Mrs Dihllon.

The collision was 'preventable, totally preventable', O'Sullivan told Reading Crown Court today.

He told jurors that, on Tuesday this week, he had been 'made aware for the first time that (National Highways) knew the system was down for five days'.

'They did absolutely nothing about it and hence this tragedy has happened,' he added.

Van driver Barry O'Sullivan (pictured at Reading Crown Court) claims that National Highways knew their smart motorway system was down and did nothing about it before the fatal crash. He denies the charge of causing death by careless driving

Pulvinder Dhillon, 68, was killed after O'Sullivan's van smashed into the back of the stopped Nissan Micra she was a passenger in on the M4

O'Sullivan said he was 'amazed' the incident happened 'knowing what I know now'.

'On the motorway, you expect if there are safety systems there, to be functional and tested routinely,' he said, adding, 'this could happen again tomorrow, God forbid'.

Defending, Ian Bridge told the court that 'Mr O'Sullivan's case is that he didn't cause this' and that the 'over-riding cause' was the failure of the safety technology.

He added: 'If it wasn't him, it would have been somebody else.

People who use motorways rely on the safeguards motorways have in place.'

He added: 'It had been defective for five days.

'Mr O'Sullivan and all other road-users were completely oblivious that their protection system was defective. It appears that National Highways were also unaware.'

The systems could have closed the outside lane with the stranded Nissan in it by displaying a red X on overhead gantries, he said.

But prosecutor Ian Hope listed 'potential cues' to indicate the Nissan was stationary on the motorway, including hazard lights, the fixed gantry ahead, cars undertaking the Nissan, and the car not being central in the lane.

Mr Hope suggested he missed these cues until the 'last second' because he was not paying 'proper care or attention'.

O'Sullivan denied this, saying: 'I disagree. I was paying attention.'

He added: 'I agree I hit the vehicle, but it wasn't due to my lack of care.'

O'Sullivan was asked by Mr Hope if he 'drives less carefully on a smart motorway'.

In response, he said: 'I drive carefully whenever I'm behind the wheel.'

When Mr Hope asked whether there were signs warning of an obstruction ahead on the smart motorway, O'Sullivan said: 'No, regrettably, no.

Had there been so, who knows what would have happened.'

The defendant said that on a smart motorway, because there's 'signage and extra technology', motorists are 'reliant on that'.

Jurors were previously told that on the day of the collision, the smart motorway was not functioning, and 'wasn't showing messages about any obstructions in the road ahead'.

The van driver is alleged to have been travelling 'at speed' in the outside lane before the crash, the court has previously heard.

O'Sullivan, of Wixams, near Bedford, denies the charge of causing death by careless driving and has pleaded not guilty.

The trial continues.

References

^ JAKE HOLDEN, UK NEWS REPORTER (www.dailymail.co.uk)
^ smart motorway (www.dailymail.co.uk)