Smart Motorway Safety Systems 'Dangerously Defective' in Fatal Crash, Court Told
A grandmother who died in a horrific motorway collision could still be alive today if safety technology on the smart motorway where she broke down had not been dangerously defective, a court has heard. The tragic incident has raised serious questions about the reliability of smart motorway systems designed to compensate for the removal of hard shoulders.
Fatal Breakdown in Live Lane
Pulvinder Dhillon, 68, was a passenger in her daughter's Nissan Micra when the vehicle experienced sudden engine failure and came to a stop in a live lane of traffic on a section of the M4 without any hard shoulder. The breakdown occurred during the morning rush hour in March 2022 near Reading between junctions 11 and 12.
After being stranded for approximately six minutes with hazard lights activated, the stationary Nissan was struck from behind by a Ford Transit van in what was described as a high velocity and calamitous collision. The impact was so severe it turned the car into a fireball and incinerated the vehicle.
While Mrs Dhillon's daughter, Rajpal Dene, was dramatically pulled to safety by other motorists who witnessed the unfolding tragedy, the pensioner tragically died at the scene.
Safety Technology Failure
Reading Crown Court heard that the smart motorway's safety technology had been defective for five consecutive days before the fatal crash occurred. National Highways, the government-owned company responsible for maintaining England's motorways, was apparently unaware of this critical system failure.
This technological breakdown meant that drivers approaching the scene were not warned about the stranded vehicle ahead. Fourteen overhead gantries and roadside lollipop signs that should have displayed warnings or closed lanes remained inactive.
Barry O'Sullivan, 45, who was driving the Ford Transit that struck the Nissan, denies that the crash was his fault. He has pleaded not guilty to causing death by careless driving.
Legal Arguments and Safety Concerns
Defence barrister Ian Bridge told the court that Mr O'Sullivan's case is that he didn't cause this and argued that the over-riding cause was the failure of the smart motorway's safety systems. He stated that if it hadn't been O'Sullivan, it would likely have been another driver who struck the stranded vehicle.
People who use motorways rely on the safeguards motorways have in place, Mr Bridge emphasised, adding that both O'Sullivan and all other road users were completely oblivious that their protection system was defective.
He described the stretch of M4 where the tragedy occurred as dangerously defective and argued this was the dominant and overwhelming cause of the fatal collision.
Prosecution's Perspective
Prosecutor Ian Hope acknowledged that to some extent the crash might never have occurred if the smart motorway technology had been functioning properly. He told the jury it was highly unlikely O'Sullivan would have been driving at between 70mph and 82mph if the safety systems had been operational.
The failure meant the smart motorway system wasn't working and therefore it wasn't showing messages about any obstructions in the road ahead or to alter your speed. Functioning systems could have closed the outside lane containing the stranded Nissan by displaying red X symbols on overhead gantries.
However, Mr Hope countered that drivers can't just drive how they like and ignore the rules of the road. He presented CCTV footage showing several other drivers successfully swerving past the stationary Nissan before O'Sullivan's van struck it.
The actions of other drivers, and resulting calculations, show that this was an avoidable collision, the prosecutor stated, suggesting that the fatal incident appears to have resulted from a period of inaction on O'Sullivan's part, most likely due to inattention.
Crash Investigation Findings
Crash investigators determined that O'Sullivan began steering left to avoid the Nissan less than half a second before impact, which Mr Hope said was proof the driver was not focusing on the road ahead.
The prosecutor added: Whatever was occupying Mr O'Sullivan's mind in the seven or eight seconds leading up to this collision and for the 260 metres of sight line he had to the stranded Nissan, we submit that the evidence proves that he was not focusing upon the road.
Smart Motorway Context
Smart motorways have been controversial since their introduction, primarily because they eliminate hard shoulders to create additional traffic lanes. Safety technology including overhead gantries, CCTV monitoring, and emergency refuge areas is supposed to mitigate the risks associated with this design.
The court heard that for an unknown reason, the Nissan's engine failed, lost power, and broke down in the M4's outside lane. Ms Dene attempted to restart the vehicle after activating hazard lights, but the car could not be revived.
The trial continues at Reading Crown Court as the jury considers the complex interplay between driver responsibility and infrastructure safety in this tragic case.
