Van Driver Found Guilty in Tragic Smart Motorway Collision Amid System Malfunction
A van driver has been convicted of causing death by careless driving after a crash on a smart motorway where safety alert systems were not functioning properly, resulting in the death of a grandmother. Barry O’Sullivan, 45, was driving a grey Ford Transit Connect work van along the M4 during the morning rush hour on March 7, 2022, when he collided with a stationary Nissan Micra in the outside lane.
Details of the Fatal Incident
O’Sullivan was traveling at speeds between 74 and 80 mph when he ploughed into the back of the Nissan, which had broken down. The impact caused both vehicles to propel forward at high velocity, with the Nissan bursting into flames. Pulvinder Dhillon, a passenger in the car, suffered fatal injuries and died at the scene, while her daughter, Rajpal Dene, was rescued by other motorists.
During the trial, it was revealed that the smart motorway’s stopped vehicle detection system had experienced a technical failure for five days prior to the crash. This meant that alerts for broken-down vehicles were not communicated, and no warning signs were displayed on gantries along the M4 between junctions eight and twelve.
Legal Arguments and Verdict
Defence lawyers argued that O’Sullivan could not have caused Ms Dhillon’s death, stating the crash was inevitable due to the stationary car and the lack of warnings. They emphasized that the smart motorway system was defective, and neither drivers nor National Highways were aware of the issue.
However, the prosecution contended that O’Sullivan drove carelessly and at speed, failing to notice cues such as other vehicles swerving to avoid the Nissan. After more than six hours of deliberation, the jury found O’Sullivan guilty on one count of causing death by careless driving.
Broader Implications and Safety Concerns
This case highlights significant safety concerns with smart motorways, where reliance on technology can lead to tragic outcomes when systems fail. The incident has sparked discussions about the need for improved maintenance and backup protocols to prevent similar accidents in the future.
O’Sullivan expressed remorse during the trial, stating, I believe I drove with reasonable care like most people but unfortunately I didn’t avoid the collision and hit the vehicle and for that I’m eternally sorry. The conviction underscores the legal responsibility of drivers even in situations complicated by external failures.
