HGV Driver Sentenced for Causing Death by Dangerous Driving

This HGV driver, represented at the Crown Court by barrister Harry Bowyer, had collided with a queue of stationary cars killing one driver and injuring others. He had been on the telephone at the time and also faced further counts relating to “card pulling” and other driver’s hours infringements.

This case was managed by the defence from the very beginning and was very much a case of damage limitation.

An early guilty plea was essential to demonstrate the genuine remorse felt by the driver and it prevented the litigation from dominating the lives of those affected by the crash.

There was a real danger that the Judge could have imposed consecutive sentences (which would have meant a longer total sentence) for the tachograph offences if they had made a substantial contribution to the accident. The defence were able to demonstrate that, despite serious drivers’ hours infringements in the month before the crash the defendant had taken a proper reduced rest the night before the accident, a working day within the regulations the day before and a qualifying 11 hour rest the night before that. He was well within his 4.5 hour driving time at the time of the accident. The tachograph offences were ordered to run concurrently (At the same time as the sentence for the Causing Death by Dangerous Driving which meant that the total sentence was not increased).

A substantial custodial sentence was inevitable in this case but the early plea and work on the tachograph evidence literally shaved years off the sentence that would have been imposed after a trial.