Early legal advice limits the impact of a roadside fatigue admission

A private motorist contacted us via our CrashLaw24 app following a serious road traffic collision which left another driver with multiple fractures requiring surgery and a lengthy period of rehabilitation. Police were already in attendance and, given the nature of the injuries, the driver faced investigation for causing serious injury by dangerous driving.

In the immediate aftermath of the collision, the driver had mentioned that they had been feeling tired before setting off. Our team advised them to say nothing further and immediately engaged with police to protect the driver’s position and organise a voluntary interview at a later date.

The early intervention meant that the driver did not incriminate himself at the scene and was not arrested, and an opportunity was provided for the LMP Legal team to prepare a detailed written statement addressing the issues likely to be central to the investigation.

In light of compelling evidence against the driver in the form of dash camera footage, the statement allowed the driver to acknowledge, in a controlled and carefully considered manner, that fatigue had been a factor whilst also explaining the exceptional circumstances which had led to it. It further demonstrated that the incident was wholly out of character, that there had been no previous history of similar behaviour and that the driver had shown genuine remorse from the outset.

The driver was ultimately charged with causing serious injury by dangerous driving.

Although the court accepted that fatigue had been a contributing factor, it was also persuaded that the incident was wholly out of character and that the driver had demonstrated genuine remorse from the earliest stage of the investigation.

Whilst the driver received a custodial sentence, this was suspended for two years, ensuring the driver could maintain employment and remain at home with their family, rather than serve an immediate term of imprisonment.

The case highlighted the importance of obtaining specialist legal advice at the earliest opportunity, particularly where comments made in the immediate aftermath of a collision may later become central to the prosecution case.

If you or someone you represent is under investigation for a serious driving offence, contact LMP Legal - specialist road traffic lawyers with national expertise in defending fatal and serious collision cases.