Operators were given an insight into how a court case involving an HGV driver charged with death by careless driving can pan out at a mock trial in Birmingham.
Delegates assumed the role of jury members and followed a criminal investigation, from collision to court, with a presiding judge, barristers and an expert witness in attendance during the quasi-trial.
Inspired by events in a real-life case, the trial explored the potential ramifications of the proceedings for the driver, company and also director – the actions of whom led the impromptu jury to find the lorry driver and his employer guilty of the offence, as well as breaching the Health and Safety at Work Act.
The Trial by Roadside event was co-hosted by law firm LMP Legal and the transport forum Freight People and shed light on the complexities of legal and practical challenges that arise following roadside incidents.
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 the provision for adequate legal support.
The court also 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 he claimed to have carried out a pre-journey vehicle check, had set off despite knowing that one of the camera displays was faulty.
Charlotte Le Maire, barrister and LPM senior partner, said: “Whether these statements were accurate or not, 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, 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.”
Clare Chidlow, executive director of transport management software developer HaulTech, said: “The trial highlighted key issues including the importance of using and properly maintaining the correct equipment to provide all-round driver visibility.
“Plus, 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!”
