Jurors in the trial of a man accused of causing a double M6 death crash have heard the contents of a report produced by two collision investigators.
Volkswagen Passat driver Florentin Lepadat, 51, and rear seat passenger Viorel Stroe, 43, both died when their vehicle was struck from behind by a Mercedes Sprinter Luton van.
The incident happened in lane two of the motorway near Penrith at around 11.15am on February 28 2022, at a time when lane one was coned off due to roadworks.
Van driver Luke Price, 35, denies two charges alleging that he caused the two men’s deaths by careless driving. He is on trial at Carlisle Crown Court.
Jurors heard that the drivers of two other cars initially braked and pulled from lane two to three to avoid the Passat, which for an unknown reason was either stationary — or travelling so slow it appeared stationary — with its hazard lights on.
A delivery driver travelling behind them swerved from lane two into the coned-off zone, leaving Price’s vehicle 236 metres from the Passat with nothing in between them.
The prosecution allege he failed to react properly. His vehicle braked just prior to striking the Passat, which was then engulfed in flames as a fuel tank ruptured. Price insists he had no time to react.
A joint report was produced for Price’s trial by two collision investigators, who reached significant areas of agreement and no areas of disagreement.
Of the braking by Price’s Mercedes prior to impact, they concluded: “We cannot say whether the driver braked or the vehicle safety systems applied the brakes.”
They added: “We do not know why the Volkswagen slowed or stopped, or why the driver did not steer through the cones into the coned-off area.”
They spoke of being in general agreement in relation to findings about the van travelling in front of Price swerving but said there was a range of possible opinions.
The swerving van could potentially have acted as a distraction, their report said, drawing the attention of the following driver, who may be concerned what the van would do next.
“Alternatively, the sudden movement of the lead van could act as a warning or alert the following driver to a hazard in the roadway, drawing their attention to the Volkswagen,” concluded the experts.
“Whilst we agree that a following driver would need to pay some attention to the swerving van, whether that following driver should also have taken it as an alert that there was a problem ahead would be a decision for the court.”
The trial continues.
