A tragic road incident claimed the life of a Torquay woman after her car stalled on the M5 motorway and was rear-ended.
Amy Austin, 28, a hotel housekeeper, tragically died two days after the accident at the Royal Devon and Exeter Hospital on December 14, 2021.
An inquest held today, November 13, at Exeter Coroner's Court, heard witness statements describing the sudden encounter with Amy's stopped black Vauxhall Corsa in the darkness on the M5's southbound lane near Junction 31.
On the evening of December 12, 2021, around 9:15pm, Amy's vehicle broke down in the third lane of the four-lane section leading to the A30 towards Okehampton and the A38 toward Plymouth and Torquay. Although her hazard lights were activated, they were reportedly dim, and while some drivers managed to swerve away, the driver of a white BMW was caught off guard.
The BMW driver, who had her son asleep in the car, expressed her shock and remorse at the scene. Under caution, she professed to being typically cautious, and she was found not to be under the influence of any substances, as confirmed by tests.
DC John Greathead, leading the investigation, conveyed to the inquest what the BMW driver felt the first time she realised something was wrong: "The first thing she said she was aware of was her own vehicle lights reflecting on the stationary car and then a bang," reports Devon Live.
He explained: "She put that down to a lack of concentration on her part." The BMW's speed at the moment of the collision was 'likely' around 70mph. Dashcam evidence showed there were no braking signs before the crash.
Amy wasn't buckled up at the time of the accident, which led officials to think she might have removed her seatbelt to get out or reach for her phone. When paramedics got to her, she wasn't breathing and despite immediate CPR, she had to be rapidly transported to the hospital.
Amy sustained severe brain damage, and doctors stated hypoxic-ischemic encephalopathy as the medical cause of her death, with no influence of drugs or alcohol found. Her decision for organ donation posthumously aided numerous people.
Examination of Amy's mobile phone indicated she'd been trapped in her car for around five minutes prior to the crash. She made a call for breakdown assistance and was on hold for about two minutes before connecting with an operator.
PC Lee Perry, a past forensic collision investigator, noted the call between Amy and the operator was 'very disjointed', the operator struggling to understand Amy and her being unable to communicate her breakdown location.
He stated: "At some point during the conversation, there is a loud crashing noise which I believe is the collision occurring. The operative spends another 30 seconds trying to speak to Miss Austin, not knowing a collision has occurred and terminates the call."
He further added that when he had called 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 explained: "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 the collision was 'unavoidable' and was unable to say that if the BMW had braked prior to impact, it would have changed the outcome.
Amy's family voiced their worries about the absence of road warning signs after her car broke down. DC John Greathead confirmed that Highways England (HE) was initially uncertain about the location of the broken-down vehicle, and warning signs were reportedly erected in the wrong place.
A camera on the overhead gantry - digital information signs used to communicate crucial details such as speed limits and upcoming hazards - was not functioning, pointing directly down onto the motorway at the crash site. DC Greathead stated: "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 could not confirm whether the camera had been replaced since then.
Other issues raised by the police included that when HE was notified of the incident, it was initially categorised as an 'unconfirmed source', referring to the person who reported it to the police. The signals that were then set at 9.16pm to reduce speeds to 60mph were set after the location of the incident had been identified.
DC Gatehead confirmed to the assistant coroner that if the camera had been operational, he would have been able to see the crash location, stating: "Yes."
Assistant coroner Stephen Covell has adjourned the inquest, calling for a representative from Highways England to provide evidence on the warnings in place at the time of the accident, their alert-sharing procedures, and whether the faulty camera has been replaced. This information is crucial for him to decide on issuing a Prevention of Future Deaths report.
He explained: "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."
The date for the resumption and conclusion of the inquest remains unconfirmed. Following Amy's tragic death, her family paid a heartfelt tribute, describing her as an 'amazing' person who was hilarious and loved making people happy.
A keen baker with a sweet tooth, she ran a sweet business and worked as the supervisor of housekeeping at TLH Leisure Resorts. Her family fondly remembered: "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."
They also shared her love for the outdoors, noting: "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."