At a mock trial held at Birmingham Council House in January 2025. The court found an HGV driver and their employer guilty of causing death by careless driving and breaching the Health & Safety at Work Act. The verdict followed 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’.
Lesley O’Brien, Managing Director at Freightlink Europe, described the Trial by Roadside event as an eye-opening experience. Tackling the legal and operational challenges professional drivers and their employers face after road traffic incidents. “It brought together operators, suppliers, and industry associates to see first-hand how even a small lapse in standards can lead to serious consequences,” she said.
These sentiments were echoed by Clare Chidlow. The 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.
At the scene, the HGV driver told police he felt tired, had used his hands-free mobile phone, and chose to drive despite knowing one of the camera displays was faulty. He said he had completed a pre-journey vehicle check but acknowledged the issue with the camera. He also reported seeing the cyclist before preparing to turn left but admitted losing sight of her during the turn.
“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.
Fleet operators must implement robust training programs and clearly written policies to ensure safety and meet regulatory requirements.
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.
