I still have very mixed feelings about the conviction of Barry O’Sullivan for causing the death of Pulvinder Dhillon by careless driving on the M4 after “smart motorway” technology failed but it is a relief that he will not be going to prison.
O’Sullivan, who was convicted in February, was given a suspended sentence on Friday at Reading Crown Court.
An appropriately balanced report from the BBC includes this:
Investigating officer Det Sgt Mark Dunne has released a statement saying Thames Valley Police’s thoughts are with the victim’s friends and family.
He adds: “Although the detection system on the smart motorway was not functioning at the time, other drivers saw the stranded Nissan vehicle and took the necessary evasive action, and we received a number of 999 calls alerting us to the break down in a live lane,” he says.

We should remember that while Pulvinder Dhillon lost her life, she was not the only victim; O’Sullivan was also seriously injured and his barrister says he cannot walk more than 10 metres without becoming breathless.
The report also includes a quote from campaigner Claire Mercer, whose husband and another man were killed in a crash on a smart motorway section of the M1 in 2019:
Being so dependent on technology in an already dangerous environment, it’s just making it much, much more dangerous.
The report covers O’Sullivan’s criticisms of National Highways and the police, alongside statement the company released after O’Sullivan was convicted:
Any death on our roads is one too many and our thoughts are with the family and friends of Pulvinder Dhillon following this tragic incident.
While nothing can ever compensate for their loss, the person responsible has been found guilty of driving carelessly.
You can see why National Highways wants to make it all about O’Sullivan, but AA president Edmund King clearly does not want to let the company off the hook:
While the driver, Barry O’Sullivan, has been held accountable and found guilty of causing death by careless driving, the court case raises serious questions about the role of the road environment and the technology that is meant to keep drivers safe.
Some have argued that those who designed these ‘smart’ motorways and those responsible for the failing technology should also have been in the dock.
It’s hard to avoid the conclusion that the state decided to put O’Sullivan in the dock so it wouldn’t be.

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