Man jailed for causing death of passenger in M40 collision

Police are reminding people to take a break when driving

Author: Lizzie CouttsPublished 9th Oct 2025

A man has been 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, 41, of Washwood Heath Road, Birmingham was driving from London to Birmingham.

The investigation 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 later died 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.

The investigation by police showed the circumstances of the collision were consistent with fatigue.

Swaby was jailed for two years and seven months at Warwick Crown Court last week after pleading guilty to causing death by dangerous driving.

He was also banned from driving for more than six years.

PC Craig Pearson who led the investigation said: “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.”

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