The Critical Minutes After A Collision - What Fleet Operators Must Know and Put in Place.

It’s 6.30am. One of your vans has clipped a cyclist at a junction, causing them a serious injury.  The driver is on the phone to their manager, shaking, unsure what to do or say. Within minutes, police arrive at the scene and begin asking your driver questions about what has happened.  Unknown to your driver, this is the start of a police investigation and the main suspect is him.

When a serious road incident occurs, the first few minutes aren't just traumatic – they're legally and operationally pivotal. What your driver says or does during this window can determine the outcome of the police investigation, as well as any connected criminal or regulatory proceedings, or insurance claim.

At LMP Legal, we refer to this time as the golden minutes – those critical minutes when what is said and done has the power to shape everything that follows. And if your driver and your business isn’t prepared, it’s exposed.

What Is Happening in Those Golden Minutes?

During the golden minutes in the immediate aftermath of a road traffic collision, your driver is likely to be:

• Physically and emotionally shaken

• Operating under stress and shock

• Interacting with police, other drivers, or members of the public

• Making verbal statements that may later be used as evidence

These early exchanges can be legally risky – your driver may still be trying to figure out what has happened, they will be vulnerable and open to suggestion and may make statements that unintentionally incriminate themselves, their employer, or both. In too many fleets, drivers are still navigating this period without support.

What Actually Happens At The Roadside?

Within moments of an incident, a fleet driver could be dealing with:

• Bystanders filming, asking what happened or offering ‘advice’

• Another party trying to negotiate or allocate blame

• Police requesting an account before legal representation is arranged

• Pressure to call insurers, upload details, or notify HQ - all at once

In the last 12 months, 88% of LMP Fleet roadside calls have led to a police investigation. When a driver unknowingly incriminates themselves at the roadside, it can be extremely difficult to overcome this later during the subsequent police investigation or any criminal proceedings.

What Are Drivers And Employers At Risk Of After A Collision?

The immediate legal exposure following a road traffic collision is often underestimated, especially when injuries are involved. For both drivers and employers, a single incident can open the door to serious criminal charges, regulatory investigations, and long-term reputational harm.

1.      Criminal charges against the driver

Since its introduction in 2022, the offence of Causing Serious Injury by Careless or Inconsiderate Driving has dramatically raised the stakes for commercial drivers. The offence targets everyday lapses such as momentary distractions, failure to see other road users, or misjudging distances. Unlike some other criminal offences, the driver need not have any intent to commit this offence.

These cases often hinge on what was said by the driver in the first few minutes after the incident. Even well-meaning roadside apologies can be interpreted as admissions of fault.

2. Corporate and Director-Level Health & Safety Offences

If a serious injury or a death occurs, it’s not just the driver in the spotlight.  In some circumstances, the HSE can get involved and will consider whether the business created or failed to manage the risk effectively.

Under the Health and Safety at Work Act 1974, both the company and its senior managers can face investigation if it’s suspected that inadequate training, policies, or supervision contributed to the collision.

Companies can face unlimited fines, and directors can be subject to personal liability, including prosecution, fines, and even disqualification from company management.

The Risks Of Providing An Account At The Scene Of A Collision

Drivers want to be helpful, but that instinct is precisely what could get them – and your business – into trouble.  Common roadside errors that carry legal consequences include:

• Apologising and accepting fault

• Speculating as to what may have happened

• Making any seemingly innocent comments (“I didn’t see them”)

• Answering police questions without legal guidance

• Posting details or photos on social media

Roadside conversations are not informal chats. They are admissible as evidence in court.

 

What Legal Support Can Do in The Golden Minutes

A rapid legal response that connects drivers directly to a specialist criminal defence lawyer can:

·         Calm your driver and help him take control of the situation

• Prevent damaging admissions being made at the scene

• Establish early contact with police to manage expectations and protect your driver’s rights

• Guide your driver on what to say – or not say – when speaking with the police

• Protect the employer’s position by mitigating risk exposure from the outset

Without intervention within the golden minutes, a company may lose control of a situation and potentially end up being scrutinised in court alongside the driver.

Why Fleets Need To Consider This Risk

Fleet risk isn’t just about maintenance records or training logs. In a regulatory environment where companies can be prosecuted alongside drivers under the Health and Safety at Work Act 1974, waiting for legal support until after the incident is no longer an option.

The facts speak for themselves:

• Police can take an account at the roadside, without your driver receiving legal advice or having representation

• Anything said by your driver is capable of triggering criminal charges or HSE investigations

• Legal expenses insurance does not respond fast enough – it typically activates after an investigation is already underway

Fleet operators need a real-time response, not a retrospective fix. This was exactly the case for Alan James, a commercial driver who contacted LMP Legal within minutes of a collision. Thanks to immediate legal intervention, Alan avoided a damaging roadside account and was later cleared without charge. His case is a clear example of how early support can mean the difference between no further action being taken, or the instigation of criminal proceedings. Read Alan’s story.

The Commercial Case For Early Legal Support

Early legal intervention can also protect against financial risks:

• Avoid prosecutions that would have triggered insurance increases and referrals to the Traffic Commissioner

• Secure vital evidence that reduces the life span of any claims and compensation payouts

Would Your Driver Know What To Do In The First 5 Minutes?

If the answer is no, your driver and your business could be exposed legally, operationally, financially, and reputationally. Contact LMP Legal for immediate legal advice and support -by your side when it matters most.