Passenger died after sleepy driver from Birmingham crashed into lorry on M40 at Warwick

A FATIGUED driver who crashed into a lorry on the M40, killing his passenger, has been jailed for two years and seven months.

Legard Swaby, 41, was found to have been speeding at 91mph in the early hours of the morning in May 2024 when he crashed near Warwick while on his way to London.

Swaby, of Washwood Heath Road, Birmingham, claimed he was trying to wake the passenger so he could take a turn at driving at the time of the crash.

However, a Warwickshire Police investigation found there had been no attempt to brake or steer - circumstances consistent with driver fatigue.

At Warwick Crown Court last week Swaby pleaded guilty to causing death by dangerous driving and, as well as being jailed, was banned from driving for more than six years.

PC Craig Pearson, one of the force’s serious collision investigators, warned about the dangers of driving while tired and how it can easily be avoided.

“Our investigation showed Swaby drove past four service stations where he could, and probably should, have stopped for a break,” he said. “Had he taken the opportunity to take a break this tragedy may have been avoided.”

He added: “Taking a break when driving, especially at night, can be the difference between life and death.”

Swaby’s passenger suffered catastrophic injuries and died later in hospital.

Warwickshire Police stressed that as many as 20 per cent of crashes are estimated to be caused by driver fatigue, with most of those occurring on motorways and dual carriageways. They added that research suggests that driving when tired can be as dangerous as drink-driving - the risk of causing death or serious injury increases as often a sleepy driver does not brake before crashing.

The advice is don’t drive while tired and while driving take a break at least every two hours, plan long or late-night journeys and identify rest stops on your route.