A van driver has gone on trial accused of causing the deaths of two men in an M6 crash near Penrith.
CCTV footage played at Carlisle Crown Court this morning showed the moment that a Mercedes-Benz Sprinter Luton van collided with the rear of Volkswagen Passat on the morning of February 28 2022. Both vehicles were travelling northbound close to junction 40.
At that time, the hard shoulder and lane one were coned off. Traffic was flowing in lanes two and three with a 70mph speed limit.
Prosecutor Mohammed Nawaz KC said the Passat slowed to crawling speed or came to a halt in lane two with hazard lights on. The reason for this, said the prosecutor, was unknown.
Behind the Passat in lane two were drivers of a white SUV and black BMW. Both braked and moved into lane three.
As a third motorist moved left, into the coned-off zone, that left 35-year-old Mercedes van driver Luke Price 236 metres behind the Passat, travelling at 67mph.
An Audi drove past in lane three, clearing the front of the Mercedes and, alleged the prosecutor, that would have given Price space to change lanes.
Mr Nawaz said: “The defendant’s van drove directly into the back of the Passat. Just prior to impact, the brake lights of the Mercedes Sprinter illuminated as it started to brake. The impact caused the rear bodywork of the Passat to crumble, and propelled it north.
“The fuel tank of the Passat ruptured. Escaping diesel on to the road then ignited and the car then became engulfed in a fire.”
Both the car and van came to a rest. Passat driver Florentin Lepadat, 51, of Rochdale, suffered catastrophic injuries, was taken from the vehicle but was pronounced dead at the scene.
Rear seat passenger Viorel Stroe, 43, also of Rochdale, suffered very serious injuries and also died. Passers-by were unable to remove him from the burning van.
Mr Lepadat’s son, Marian, was a front seat passenger. “He was able to exit the car and whilst he too was injured, he received treatment there and at the hospital and made a recovery,” said Mr Nawaz.
During a police investigation alcohol, drugs, phone use, suicide, weather conditions, speed, the actions of other road users, mechanical and medical factors were all ruled out as possible collision causes.
Price, of Vicarage Road, Stourbridge, is on trial. He denies causing the deaths of both Mr Lepadat and Mr Stroe by careless driving.
Mr Nawaz alleged: “What the prosecution say is that Luke Price failed to react to the presence of the Volkswagen Passat until it was too late to avoid a collision; and that a competent and careful driver would have appreciated that the driver of the Passat was either moving very slowly or stationary as it had its hazard lights on.
“As a result, a careful and competent driver would have stopped their vehicle in time before the collision occurred, or moved lane.”
When interviewed by police, experienced driver Price recalled travelling behind the vehicle which had pulled into the coned-off area.
“As soon as that happened, he was upon the Volkswagen Passat,” Mr Nawaz told jurors of Price’s account. “He had no time to react and that was how the collision occurred. In essence he denied that he drove without due care and attention.”
The court was read a statement from Marian Lepadat, which said he was not aware of any issues with the vehicle.
He recalled leaving home at 8.30am that day, travelling north in his father’s car with another passenger he did not know.
They were heading to work at a plastics factory.
Marian said his father was in good health and had nothing wrong which would have affected his driving.
“The car did not break down during the journey. The car was fine,” he said. “I do not remember anything going wrong with it before the van hit us.”
Marian could not remember the collision cause and, when he woke, was in hospital. “I cannot remember any other details,” he told police.
The trial continues.
