A convergence of factors that could have been addressed by an operator often underpins road traffic collisions that result in the severest legal penalties, fleet insurance broker McCarron Coates has warned.
That was demonstrated in March at a mock motoring trial sponsored by the supplier and arranged by The Freight People in partnership with LMP Legal. It was based on a real case where a cyclist lost their life in a collision with a HGV that was turning left into a side road.
In that instance, the converging factors were:
- Fatigue
- Distraction
- Stress
- Poor maintenance
- Inadequate health and safety systems
- Presumptions
- Inadequate Highway Code knowledge
- Naivety about motoring prosecutions and police procedures.
The driver had had insufficient sleep and was suffering from family stress. They had taken a hands-free call a minute before the impact. A camera that might have detected the cyclist had failed due to an intermittent fault and had not been fixed by the vehicle operator, which additionally had no written training procedure.
Earlier the driver had seen the cyclist but presumed that they had stopped. He had not read a recent edition of the Highway Code and failed to fully appreciate what it states with regard to cyclist priority.
After the accident, the driver provided what McCarron Coates describes as “damning statements… that later counted against [the driver]” and refused legal representation when first interviewed.
Those factors and others led to conviction and a sentence of 12 months imprisonment and a two-year driving ban. Their employer was fined £250,000.
At the mock trial, there was a split jury among attendees. McCarron Coates notes that had the driver not given their statement at the roadside but had received instant legal advice, it is possible that the mock trial jury may have found them not guilty.
Director Ian McCarron observes: “This case featured common situations that led a driver to be convicted of a dangerous driving offence through falling either far below the standard expected of a professional drive, or below it.
“The law punishes commercial drivers heavily because of their place in the hierarchy of road users. Many times, there could be mitigating circumstances but, if a driver incriminates themself when in shock and not thinking clearly, mitigation is difficult.
“Drivers often do not realise that what they say at the roadside can be taken as evidence and used against them.”
The supplier advises operators and drivers to closely monitor fatigue, stress and mental health, and for drivers not to drive when tired or at a time when driving performance could be affected. Maintaining roadworthiness should also be prominent.
Operators should additionally keep a strong audit trail of training so as to have evidence that they have done all in their power to keep employees and the public safe, McCarron Coates continues.
They should also have policies in place that are written rather than verbal. Ideally, all should be contained in an employee handbook and reinforced by regular refresher training.
Immediate access to specialist transport legal support in police-attended accidents is also recommended. McCarron Coates says that it is the only broker to provide that to clients as part of their insurance.
“A disastrous convergence of factors is only a couple of slips in procedures or lapses in driving performance away for many fleets,” continues Mr McCarron. “Fleet managers should take that onboard and address weaknesses immediately.”
