M40 driver should have taken a break to prevent death of his passenger - The Stratford Observer
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M40 driver should have taken a break to prevent death of his passenger

“TAKING a break when driving, especially at night, can be the difference between life and death.”

That is the warning from PC Craig Pearson, one of Warwickshire Police’s serious collision investigators, after a man was jailed for causing the death of a passenger in his van on the M40 near Warwick.

The collision took place in the early hours of the morning in May 2024 when Legard Swaby was driving from London to Birmingham. The investigation led by PC Pearson showed the van crashed into the back of a lorry at 91 miles per hour with no attempt to break or steer.  The passenger suffered catastrophic injuries and died later in hospital.

Swaby claimed he was trying to wake the passenger so he could take a turn at driving at the time of the collision. Police enquiries showed the circumstances of the collision were consistent with fatigue.




PC Pearson added: “Our investigation showed Swaby drove past four service stations where he could and probably should have stopped for a break. Had he taken the opportunity to take a break this tragedy may have been avoided.”

Swaby, 41, of Washwood Heath Road, Birmingham was jailed for two years and seven months at Warwick Crown Court after pleading guilty to causing death by dangerous driving. He was also banned from driving for more than six years.


As many as 20 per cent of crashes are estimated to be caused by driver fatigue, with most fatigue-related collisions occurring on motorways and dual carriageways. This is probably because of lack of stimulation for the driver and the monotonous nature of this type of driving.

In fact, research suggests that driving when tired can be as dangerous as drink driving. Collisions due to fatigue have a high risk of causing death or serious injury because often the driver does not brake before crashing.