The Road to No Further Action: How LMP Legal Helped a Driver Navigate a Critical Police Investigation

Alan James runs T James Ltd, a small, family-run haulage business based in Bedlington, with day-to-day support from his daughter and sister. Although modest in size, the business is deeply embedded in the transport industry and maintains strong links with advisory bodies such as the Road Haulage Association, which supports them on legal, employment, and health and safety matters. The company operates a small but busy fleet of HGVs, serving commercial clients across the region.

The incident 

In December 2023, whilst driving one of the company’s HGVs along a busy section of the A19, Alan was involved in a serious collision with a cyclist. The conditions were challenging - the sun was low and bright, reflecting off a wet road and causing significant glare. The road was also heavily trafficked, leaving little safe space to stop or slow down unexpectedly.

Alan’s instinct was to immediately inform his office. The team sought legal advice through the Road Haulage Association, who initially referred them to another firm. However, that firm was unable to provide urgent, expert assistance and so referred them on to LMP Legal.

Within moments, police arrived at the scene. A Crime Scene Investigation vehicle was nearby and conducted immediate checks, including roadside alcohol and drug testing, a full vehicle inspection, and tachograph analysis. Alan’s mobile phone was also seized.

LMP Legal’s Response 

Within 30 minutes of the incident, Alan was on the phone with Leah Hester, Senior Associate at LMP Legal. She provided clear, calm advice, guiding him on what information to share with the police and ensuring they were directly informed that he had legal representation. Leah remained in contact throughout the process - a reassuring presence in an extremely stressful situation.

“I’ve got no idea what would have happened… within half an hour, Leah was speaking to me and I was in constant contact from then on.”

At the time, police allowed Alan to leave the scene with his vehicle - an unusual step in incidents involving serious injury or potential fatalities. However, within three hours, the cyclist’s injuries were reassessed as more serious than initially thought. Alan’s vehicle was later impounded for a full forensic investigation.

Legal preparation and support 

LMP Legal arranged for Alan to attend a voluntary police interview in January. In advance, Leah visited Alan to prepare a comprehensive written statement. This ensured that Alan could answer any additional questions with “no comment” while ensuring all necessary information had already been clearly conveyed.

Alan was understandably anxious about the interview, especially regarding the seizure of his phone. As a business owner, his device was constantly active, and he feared that even a background notifications could be misinterpreted. Leah reassured him that a forensic search would confirm no interaction with the phone while driving.

“You’ll say the wrong thing and that wrong thing might be just a few words, a tiny phrase, that triggers something in the officer’s mind.”

Thanks to the clarity of the statement, the strength of the evidence, and the presence of supporting witnesses, Alan received a call just one week later confirming that no further action would be taken.

The impact of LMP Legal’s involvement 

The early and expert intervention from LMP Legal ensured that Alan did not unknowingly say anything under stress that could have affected the investigation. With time to fully review the incident and prepare a statement, Alan was protected from self-incrimination and better able to manage the emotional strain of the situation.

“Without you, I don’t know how it would’ve ended. Maybe the same, but the stress levels would certainly have been a lot higher. It changed the whole way I managed to deal with the situation.”

This case highlights the vital importance of having legal support immediately after a road traffic incident. Drivers are often in shock, vulnerable, and unaware of how their well-meaning statements may be interpreted. Legal guidance at the scene ensures the driver is protected and that their rights are respected.

The broader lesson 

Many drivers are aware of the value of vehicle insurance and may even have Motor Legal Protection included in their policy. However, few truly understand the importance of having access to a dedicated legal expert in the immediate aftermath of an accident.

“You don’t realise you need it until you do."

In Alan’s case, he was fortunate to be referred quickly. Had he already been signed up to LMP’s 24/7 support service, expert legal advice would have been just one call away - avoiding delays and uncertainty in the crucial early minutes following the incident.

Access to legal advice 24/7

Alan’s experience is a powerful reminder of how quickly a routine day can turn into a legal crisis. If you're responsible for a commercial fleet, access to specialist legal support like LMP Fleet 24/7. could make all the difference. Contact us today to see how LMP could be #ByYourSide.