Van driver claims smart motorway failure was known days before fatal M4 crash
Barry O’Sullivan said National Highways knew the system was down for five days but took no action before his collision
Last updated 11th Feb 2026
A van driver who crashed into a broken-down car in the fast lane of the M4 has claimed the National Highways knew its smart motorway system was down for five days before the fatal crash, a court has heard.
Barry O'Sullivan, 45, told jurors he had been made "aware" that Government-owned company, which is responsible for motorways, knew the system had failed and "did nothing about it".
The motorist was driving a grey Ford work van along the M4 in Berkshire on March 7 2022 when he collided with a Nissan Micra that had come to a halt in the outside lane of the motorway.
The smash, which took place during the morning rush hour on the M4 westbound between junctions 11 and 12, caused passenger Pulvinder Dhillon to suffer fatal injuries.
At Reading Crown Court on Wednesday, O'Sullivan said the collision was "preventable, totally preventable".
He told jurors that, on Tuesday this week, he had been "made aware for the first time that (National Highways) knew the system was down for five days".
"They did absolutely nothing about it and hence this tragedy has happened," he added.
O'Sullivan said he was "amazed" the incident happened "knowing what I know now".
"On the motorway, you expect if there are safety systems there, to be functional and tested routinely," he said.
The motorist added that "this could happen again tomorrow, God forbid".
Prosecutor Ian Hope asked O'Sullivan about "potential cues" to indicate the Nissan was stationary that would have been available to him when driving on the M4 on the day of the collision.
This included hazard lights, the fixed gantry ahead, cars undertaking the Nissan, and the car not being central in lane.
Mr Hope suggested to the defendant that he did not realise that the car was stationary until the "last second" because he was not paying "proper care or attention".
O'Sullivan said: "I disagree. I was paying attention."
Mr Hope suggested to O'Sullivan that he did not acknowledge any of the cues until it was "far too late".
O'Sullivan said: "I disagree."
The defendant told the court: "I agree I hit the vehicle but it wasn't due to my lack of care."
O'Sullivan was asked by Mr Hope if he "drives less carefully on a smart motorway".
In response, he said: "I drive carefully whenever I'm behind the wheel."
Mr Hope said there were no signs on the smart motorway saying there was an obstruction ahead.
O'Sullivan said: "No, regrettably, no. Had there been so, who knows what would have happened."
The defendant said that on a smart motorway, because there's "signage and extra technology", motorists are "reliant on that".
The court heard that a National Highways report appeared to suggest there was "notification" to the agency on March 2 that there was a problem with the smart motorway system.
Jurors were told that it took two hours and 29 minutes to rectify the problem with the smart motorway after the collision.
The court previously heard that on the day of the collision, the smart motorway was not functioning, and "wasn't showing messages about any obstructions in the road ahead".
O'Sullivan was allegedly driving "at speed" in the outside lane before the crash, the court has previously heard.
O'Sullivan, of Wixams, near Bedford, has pleaded not guilty to one count of causing death by careless driving.
The trial continues.