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, 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 for the driver, company, and director—whose actions 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 OBE, 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 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—despite claiming to have carried out a pre-journey vehicle check—had set off knowing that one of the camera displays was faulty. He also stated that, although he had noticed the cyclist before preparing to turn left, he lost sight of her as the turn was made.
“Whether these statements were accurate or not,” advised acting Barrister and LMP 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 courtroom 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 the day’s proceedings, an LMP Legal representative stated:
“This important industry event shed light on the complexities of legal and practical challenges faced during roadside incidents. The discussions provided a clear understanding of the role services like LMP FLEET 24/7 Legal Roadside Support can play in mitigating risks and ensuring compliance.”
🔗 More on LMP Legal: https://www.lmplegal.co.uk/
🔗 More on Freightlink Europe and Freight People: https://www.freightlinkeurope.co.uk/
🔗 More on HaulTech: https://haultech.co.uk/
