Telford death crash lorry driver 'did not see’ stranded car, court told

The car had been stranded after running out of petrol.

Anthony Cheshire, 63, of Reynards Coppice, Sutton Hill, told police in a statement after the crash he “wondered why he didn’t see” the Nissan Note, in which rear passenger Laura Cooper, 36, of Leicester, suffered fatal injuries.

“I don’t know whether it was moving or stationary. I don’t even remember whether it had lights on I just remember I was on top of the car,” he said in a statement read at Chelmsford Crown Court where he and the car driver are both on trial for causing death and serious injury by dangerous or careless driving.

His co-accused is the Nissan driver Tammy Langton.

The crash was on the M25 at 1.55am on March 29, 2016, on the clockwise carriageway between junction 26 and 27, the M11 exit.

Mark Halsey, prosecuting, told the jury that in his police interview after being arrested, Cheshire said: “I am on top of it. I cannot understand why I didn’t see the car.”

Slightly slowed

The court heard that investigators had established Cheshire had a 300-metre clear view ahead and was travelling at 90kph, or 55mph. He was in lane one when the collision happened and had only “lightly braked”.

“We say it’s significant that he only slightly slowed,” said the prosecutor.

Cheshire’s Scania tachograph showed he had rested according to regulations.

Langton, 32, of Blackheath, south east London, is accused of driving dangerously because she set out on the journey back from Leicester to London knowing she would run out of petrol and continued despite a low fuel warning light. She is also accused of driving under the influence of cannabis.

The prosecution claims that Cheshire failed to see the hazard lights on the Nissan which Langton had put on as soon as she became stranded in the nearside lane. They say his driving fell below that of a competent and careful driver.

The two defendants both deny causing the death of mother Laura Cooper, 35, of Garth Avenue, Leicester, by dangerous or careless driving. She died on April 2 from brain injury and cardiac arrest. Miss Cooper was Langton’s cousin and a close friend.

Spinal fracture

The two defendants also deny causing serious injury to front seat passenger Yasmin Fry, Miss Cooper’s god-daughter, by dangerous driving.

Miss Fry had to have rods inserted into her back. She was in hospital for two weeks and suffered a cervical fracture, spinal fracture and lost a kidney. She was immobile in an extended neck brace for a time.

Cheshire further denies causing serious injury by dangerous driving to Tammy Langton.

Langton suffered two fractured vertebrae, fractured ribs and shoulder and severe cuts to her head.

Langton also pleads not guilty to causing death by careless driving when she was unfit through drugs, or by having in her body an amount of cannabis which exceeded the specified limit

Giving evidence Miss Fry told the jury she, Langton and Miss Cooper had shared a joint that she had provided before leaving London earlier in the day to take Miss Cooper’s son Joshua, 18, home to Leicester. She said they also shared a second joint at Milton Keynes services en route to Leicester. She told the court she had felt “high” and “stoned”, but it had worn off by the time they left at about midnight for the trip back from to London.

She agreed she didn’t tell police initially about them smoking cannabis because she was protecting her friend Langton. But she said that she mentioned it in January 2017 after they fell out.

She claimed that while in Leicester Langton had mentioned getting petrol money from Joshua’s grandfather but didn’t.

“I am angry with her now because if there was petrol in the car then it might not have turned out how it did,” she told the jury.

The trial continues.