A WOMAN was killed while ringing for help after she broke down when a BMW ploughed into the back of her car.
Amy Austin, a 28-year-old hotel housekeeper, passed away two days later at the Royal Devon and Exeter Hospital on December 14, 2021.
BPMAmy Austin[/caption]
An inquest into her death was held today, November 13, at Exeter Coroner’s Court. Statements were read out from witnesses who recalled suddenly coming upon Amy’s stationary black Vauxhall Corsa in the dark on the southbound carriageway of the M5 just prior to Junction 31.
Amy’s car came to a halt in lane three of four lanes taking drivers either onto the A30 to Okehampton or A38 to Plymouth and Torquay at around 9.15pm on Sunday, December 12, 2021. Her hazard lights were on but they were said to be dim and although other drivers had managed to quickly divert into another lane, the driver of a white BMW told police she had not unaware of Amy’s car ahead in the same lane.
The driver, who had been travelling with her son asleep in the front of the car, was described as having been tearful and remorseful following the crash. During an interview under caution, she stated she was normally a careful driver and tests confirmed she had not been under the influence of drugs or alcohol.
DC John Greathead, the officer in charge of the investigation, told the inquest: “The first thing she said she was aware of was her own vehicle lights reflecting on the stationary car and then a bang.”
He added: “She put that down to a lack of concentration on her part.”
The speed of the BMW at the time of impact was said to ‘likely’ be 70mph. Dashcam footage confirmed there were no signs of braking prior to the collision.
Amy had not been wearing a seatbelt at the time of the crash which police concluded she may have taken off to exit the vehicle or reach her phone. She was not breathing when emergency services were able to remove her from the wreckage and after being given CPR she was rushed to hospital.
Amy suffered a catastrophic brain injury and the medical cause of her death was hypoxic-ischemic encephalopathy. No drugs or alcohol were detected. Through organ donation, she was able to help the lives of many others.
Following a check of Amy’s phone records, police were able to confirm she had been stranded inside her vehicle for nearly five minutes before the crash. She called for breakdown recovery and was on hold for just over two minutes before being connected to a call handler.
Former police forensic collision investigator PC Lee Perry described the conversation as having been ‘very disjointed’ with the operative struggling to hear what Amy was saying and her not having had an opportunity to explain where she had broken down.
He said: “At some point during the conversation, there is a loud crashing noise which I believe is the collision occurring. The operative spends another 30 secomds trying to speak to Miss Austin, not knowing a collision has occurred and terminates the call.”
He added that when he had rung the breakdown number Amy dialled, the initial recorded message advised to call 999 if stuck in a live lane or in immediate danger. However, Mr Perry said he made the call 18 months after the crash so he couldn’t ‘guarantee’ it was the same message she heard on the night.
A forensic examination of Amy’s car, described as being well-maintained, revealed the car had lost power and stopped due to a fault with the timing chain crankshaft drive gear.
Mr Perry said: “The mechanical failure would have been instantaneous, but there would have been potential indications of some issues with the vehicle.”
He continued: “In fairness to Amy, I don’t believe she would have been aware that the noises her car was making would have resulted in the vehicle coming to a stop on the journey she took.”
PC Perry concluded that collision was ‘unavoidable’ and was unable to say that if the BMW had braked prior to impact, if it would have changed the outcome.
Amy’s family raised concerns about a lack of road warning signs after her car broke down. DC John Greathead confirmed enquiries had been made with Highways England (HE) who initially were unsure where the broken down vehicle was and warning signs were said to have gone up in the wrong location.
A camera on the overhead gantry – digital information signs used to communicate key information such as speed limits and hazards ahead – was not working, pointing straight down onto the motorway at the scene of the crash.
DC Greathead said: “We asked if it was faulty. There was not a matrix set for reduced speed or warning of a stranded vehicle. The police log was at 9.11pm and the highways control room was informed at 9.13pm. The RTC occurred at 9.17pm.
“The reply from HE was the camera that was on the gantry had had a fault preventing its use. That type of camera is now obsolete and there were no spares available hence the delay in repairing it.
“The camera was included in a rolling programme of camera renewals for the next financial year.”
However, he was unable to confirm whether the camera had since been replaced. Other concerns raised by police were that when HE was informed of the incident, it was initially catgerorised as an ‘unconfirmed source’ referring to the source who had reported it to police.
The signals that were then set at 9.16pm to reduce speeds to 60mph were set after the location of the incident.
When asked by the assistant coroner if HE would have been able to see the location themselves if the camera had been working, DC Gatehead said: “Yes.”
Assistant coroner Stephen Covell adjourned the inquest to request a representative from Highways England give evidence to confirm what warnings were in place and where at the time of the crash, its procedures for sharing alerts and whether the broken camera had been replaced to help him decide whether or not to issue a Prevention of Future Deaths report.
He said: “If I’m made aware of risks to the public potentially still ongoing, I need to consider making a Prevention of Future Deaths report, but I don’t feel I can do that as I don’t have the evidence of HE.”
A date is yet to be confirmed when the inquest will be resumed and concluded. Following Amy’s death, her family paid a loving tribute describing her as an ‘amazing’ person who was hilarious and loved making people happy.
She was a keen baker with a sweet tooth and even had a sweet business. She was the supervisor of housekeeping at TLH Leisure Resorts.
Her family said: “Amy’s bubbly energy lit up every room, she was definitely the glue that held our family together after our mum passed away in 2014.
“She adored the outdoors, she’d regularly drive to Dartmoor and other nature reserves for nature photography. Her patience meant she always got the perfect shot.
“She was also an incredible baker and would deliver cookies to everyone. She even walked from Torquay to Newton Abbot once, when her car was in the garage, to ensure her customer received their order. She’s going to be greatly missed by her family and hundreds of her friends and colleagues.”
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