Birmingham Council House, Jan 2025: At a mock trial, held recently in Birmingham’s Town Hall, an HGV driver and his employer were found guilty of causing death by careless driving and breaching the Health & Safety at Work Act, following a fatal collision with a cyclist in East London.
At the ‘Trial by Roadside’ event, which was co-hosted by transport law specialists LMP Legal and the transport forum, Freight People, over 100 delegates assumed the role of jury members and followed the criminal investigation, from roadside to police interview, culminating in a quasi-trial. In attendance and true to a real court hearing, was a presiding judge, barristers and an expert witness.
Inspired by events in a real-life case, the trial explored the potential ramifications of the proceedings for the driver, company and director – the actions of whom led the impromptu jury, formed of transport industry professionals, to find for the ‘prosecution’.
“The Trial by Roadside event provided an eye-opening exploration of the legal and operational complexities arising from road traffic incidents involving professional drivers and their employers,” commented Lesley O’Brien, MD at Freightlink Europe. “The occasion enabled like-minded operators, suppliers and associates from the industry to experience first-hand, how even the slightest lapse in operating standards can lead to potential disaster.”
These sentiments were echoed by Clare Chidlow, Executive Director of transport management software developer, HaulTech: “The trial highlighted key issues including the importance of using and properly maintaining the correct equipment to provide all-round driver visibility. Plus,” added Clare, “the need for operators to guard against inadvertent self-incrimination during ‘blue light’ incidents. A very informative day with a number of salutary lessons to be learned!”
During the trial, the presentation of a live reconstruction of an HGV colliding with a cyclist underscored the consequences of insufficient company policies on fatigue management, vehicle maintenance and provision for adequate legal support – particularly in a first-response scenario.
In this regard, the court heard how when interviewed at the scene, the HGV driver told police he was tired, had been using his (hands-free) mobile phone and although claiming to have carried out a pre journey vehicle check, had set off despite knowing that one of the camera displays was faulty. He said that although he had noticed the cyclist prior to preparing to turn left, he had lost sight of her as the turn was made.
“Whether these statements were accurate or not,” advised acting Barrister and LPM senior partner, Charlotte Le Maire, “the simple fact is that drivers should follow a designated procedure and seek immediate legal advice before making statements to the police or anyone else. Particularly as highlighted here,” added Charlotte, “because the driver appeared to change his account when later interviewed at the police station – a course of action which would more than likely serve to be detrimental to his case.”
After the trial, delegates remained in the court room to discuss such issues as the duty of care required by HGV drivers and their employers, with practical advice on mitigating risks and navigating legal obligations.
Further topics included the importance of implementing robust training and written policies for fleet operators to promote safety and regulatory compliance.
Summing up on the day’s proceedings, an LMP Legal representative said, “This important industry event shed light on the complexities of legal and practical challenges faced during roadside incidents.”
Are you looking for the correct equipment to provide your driver with all-rundown visibility and to protect them on the road? Then why not say hello@haultech.co.uk or dial us on 01782 66 22 44 and speak to a trusted vehicle CCTV advisor.
