A van driver has been convicted of killing a grandmother after colliding with a broken down car on a ‘defective’ smart motorway.

Barry O’Sullivan drove his grey Ford Transit Connect into the back of a Nissan Micra in which Pulvinder Dhillon was a passenger on the westbound M4 in Berkshire.

The two-week trial heard how alerts on M4 motorway were not working on the day of the fatal collision on March 7 2022.

Jurors were told the system was not working for five days in the lead-up to the collision either.

Evidence was heard from frantic drivers including one who pleaded with police on the phone for the warning signs to be turned on.

They feared the stranded car carrying Ms Dhillon was an accident waiting to happen.

O’Sullivan has now been found guilty of one count of causing death by careless driving by a jury who spent six hours and 27 minutes deliberating. Speaking outside court after the verdict, he said: ‘I would like to say how sorry I am to the family.’

The Nissan was being driven by Ms Dhillon’s daughter, Rajpal Dene, on the westbound stretch of the motorway between junctions 11 and 12, near Reading, Berks.

Pulvinder Dhillon, 68, was a passenger in her daughter’s Nissan Micra when it stopped in a live lane of traffic on a section of the M4 with no hard shoulder in March 2022

Barry O’Sullivan is pictured outside Reading Crown Court on February 18 2026 after he was found guilty of causing death by careless driving

The hatchback’s engine failed, lost power, and came to a standstill in the fast lane.

Mrs Dene turned on her hazard lights and she was unable to move as passing motorists swerved to avoid a collision for just under six minutes.

O’Sullivan, 45, was driving at about 74mph to 80mph along that same stretch of motorway for the five seconds before the collision.

CCTV video of the lead up to the crash was shown to the jury, showing how his work van ploughed into the Nissa which burst into flames.

Mrs Dene was pulled to safety by other motorists, but Ms Dhillon, 68, from London, died at the scene.

O’Sullivan – found to not be under the influence of alcohol or drugs – was also seriously injured and was taken to hospital where he remained for three months.

He told police his van had been in ‘good mechanical order’, traffic conditions were ‘relatively light’ and the weather conditions were ‘good.’

The van driver added he knew the stretch of the motorway well and was regularly checking around him for hazards.

The collision happened on the M4 westbound between junctions 11 and 12 in Berkshire (above)

O’Sullivan – who had been on his way to Gloucester – told police that he had passed up to 14 gantries which ‘had not signalled any problems on the road ahead.’

In his polive interview he said: ‘There was no indication of anything untoward on the matrix boards or the gantries or anything like that. Had I been notified, I would have acted, and I definitely wasn’t notified.’

Boiler engineer O’Sullivan, of Wixams, near Bedford, added: ‘I’m certain had this system been working I wouldn’t be here now and I wouldn’t have collided with that vehicle.’

Prosecutor Ian Hope admitted at the trial: ‘The smart motorway wasn’t working and, therefore, it wasn’t showing messages about any obstructions in the road ahead or to alter your speed.

‘The Crown of course accept that the Nissan would never have been there but for a fault in the car about which we have no knowledge.

‘We similarly accept that Mr O’Sullivan is highly unlikely to have been cruising along in the fast lane in excess of 70mph if the smart motorway system had been functioning at the time.

‘And that lane had been closed, displaying a red X, as you will all have seen on using motorways yourselves.

‘We fully accept that a driver does not expect to come upon a stationary vehicle in the outside lane of a motorway without warning but it is an unfortunate fact of life that such things do happen.’

Barry O’Sullivan (pictured at Reading Crown Court on February 2) has now been found guilty of causing death by careless driving

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Broken-down vehicle alerts on M4 smart motorway were not working properly in days before fatal crash

Ian Bridge, representing O’Sullivan, told jurors that the defendant’s case was that he ‘did not cause this death’ and that an accident was ‘inevitable’.

He added: ‘Mr O’Sullivan and all the other road users were unaware that it was not working.

‘And they drove along the motorway completely oblivious to the fact that their system had been defective for that time.’

He also told Reading Crown Court: ‘Ms Dhillon was stranded for six minutes, there were 14 warning signs, none of them worked.

‘We submit, that that was the cause of this tragedy rather than any failure on his part.’

Giving evidence in the trial, O’Sullivan said: ‘If I had been forewarned, the collision wouldn’t have happened.’

The motorist said he believed that had he not hit the car, somebody else would have, telling the court: ‘I believe I drove with reasonable care like most people but unfortunately I didn’t avoid the collision and hit the vehicle and for that I’m eternally sorry.’

He said that on a ‘conventional motorway’, motorists could move into the hard shoulder.

‘Whereas you don’t have that luxury on a smart motorway, so you’re trapped to some extent and you’re reliant on back-up systems which then alert the public behind you if you have trouble,’ he added.

O’Sullivan said he had ‘never’ encountered a stationary vehicle on the motorway, adding: ‘I have seen plenty of broken-down vehicles on the hard shoulder and often with a recovery vehicle.’

Fellow drivers gave evidence about the lack of warnings of the broken down Nissan, with Kye Perkins saying he feared there would be a collision after he saw it marooned in the outside lane. He was the first person on the scene after stooping to help.

Video showed several drivers dramatically having to swerve around the broken down Nissan Micra in the outside fast lane, which grandmother Pulvinder Dhillon was a front seat passenger

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Technology on smart motorway where grandmother was killed was ‘defective’, court hears

Mr Perkins said: ‘There was nothing on any of the smart motorway signs’.

He described his concern having seen the car on the road, adding: ‘My fear was what essentially happened.

‘That a stationary vehicle was going to get hit at 70 miles per hour in the back.’

Martin Jones, who was also driving along the M4 on the morning of the collision, had previously had about 12 interactions with National Highways and others about the operation of the smart motorway.

When asked what his concerns with the smart motorway were, he told jurors: ‘That I didn’t want to travel along a motorway, nor my wife or any of my family, on a motorway that wasn’t safe.’

Darren White, who was driving his BMW X1 to Swindon on the day of the collision, said he called the police immediately after noticing the stranded vehicle.

Recalling his conversation with the officer, he said: ‘I do remember saying to him, ‘Please put the overhead gantries on’.’

National Highways put ‘measures in place’ after the smart motorway system failed to warn drivers of a broken-down vehicle on the day of a fatal collision, jurors heard.

David Edmond, a traffic management officer with Thames Valley Police told the court that National Highways has been ‘quite clear that the system wasn’t working as it should be’ at the time of the collision.

He was asked about the defect and whether anyone had looked into fact it went unnoticed for several days by Ian Bridge, who is representing O’Sullivan.

After six minutes, footage shows Barry O’Sullivan ploughing into the back of the Nissan in his Ford Transit, killing Pulvinder Dhillon after the car became stranded in the outside fast lane

In response, Mr Edmond said: ‘I can tell you that National Highways have put measures in place to ensure that that doesn’t happen again.’

He told the court: ‘I can tell you that I received assurances that the fault or problem is resolved and sufficient balances and checks were put in place to ensure that that didn’t happen again.’

Mr Edmond said this was based on information given to him by National Highways.

O’Sullivan claimed to jurors he had been made ‘aware’ that Government-owned company, which is responsible for motorways, knew the system had failed.

‘They did absolutely nothing about it and hence this tragedy has happened,’ he said.

‘On the motorway, you expect if there are safety systems there, to be functional and tested routinely. This could happen again tomorrow, God forbid.’

Prosecutor 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. I drive carefully whenever I’m behind the wheel.’

Defence expert Peter Whitfield said that a National Highways fact-finding report suggested the ‘lack of functionality’ of the system had been ‘flagged.’

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.

Professor Graham Edgar, an expert in human factors, who produced a report on the collision had told court O’Sullivan had not picked up on a number of ‘cues’ to indicate that the Nissan might have been stationary.

These included the position of the Nissan in the lane, the fact that the Nissan was not moving relative to fixed objects, other vehicles moving past and hazard lights being on, the court heard.

O’Sullivan was not wearing a seatbelt at the time of the impact and couldn’t explain why. There was no evidence that he tried to brake but he insisted he did.

Mr Bridge told there court after the verdict: ‘In my submission, it does not cross the custody threshold.’

He said disabled O’Sullivan – who walks with a crutch – has mobility issues since the crash, adding: ‘There’s no winners at all.’

Judge Amjad Nawaz bailed O’Sullivan to be sentenced on April 24 after pre-sentence reports were ordered.

A National Highways spokesperson said: ‘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.’

Speaking outside Reading Crown Court on Wednesday, O’Sullivan said: ‘I would like to say how sorry I am to the family.’

When asked what his next step might be in terms of potentially appealing against the outcome, he said: ‘I need to seek legal advice before I make any decisions.’