A van driver who killed a passenger in a broken-down car on a smart motorway where the safety alert system was malfunctioning has avoided an immediate custodial sentence.
Crash on the M4
Barry O'Sullivan, 45, was sentenced on Friday to six months' imprisonment, suspended for 12 months, after being found guilty of causing the death of 68-year-old Pulvinder Dhillon by careless driving on March 7 2022. The incident occurred on the M4 westbound between junctions 11 and 12 during the morning rush hour. O'Sullivan was driving a grey Ford work van when he collided with a Nissan Micra that had stopped in the fast lane. The impact caused both vehicles to lurch forward, and the Nissan burst into flames. Ms Dhillon, a passenger in her daughter's car, suffered fatal injuries.
Malfunctioning safety system
It was later revealed that an unresolved technical failure on the M4 smart motorway network meant radar alerts for broken-down vehicles were not being properly communicated to the control room. The malfunction had been present for five days before the crash. However, Judge Amjad Nawaz, sentencing at Reading Crown Court, stated that the absence of warning lights did not absolve drivers of their responsibility to remain vigilant.
“Every driver owes the duty of care to other users,” Judge Nawaz said. “The fact that there was no warning lights does not detract from that duty in any way.” He added that O'Sullivan failed to notice the stationary vehicle despite clear cues, such as other motorists avoiding it, and showed a lack of attention due to an unknown distraction.
Victim impact statement
In a statement read to the court, Ms Dhillon's youngest son, Manvir Dhillon, described his mother as his “best friend” and expressed the family's ongoing struggle to cope with her sudden loss. “Just the day before this horrific incident, she had been at a party, dancing away and living her life to the fullest,” he said. “One day she was dancing and the next she is no longer alive.” He directly addressed O'Sullivan, saying: “We know you hadn't set off that morning to take someone's life but the fact of the matter is that you did.”
Defendant's remorse
O'Sullivan, who suffered severe injuries in the crash that reduced his life expectancy, expressed remorse in a statement. “My heart aches for the family of Pulvinder Dhillon. There is not a day I do not think about how sorry I am about this situation,” he said. “This is something that will truly haunt me forever.” In addition to the suspended sentence, O'Sullivan was disqualified from driving for 12 months.
