LMP Legal has warned fleet operators of the risks of failing to have appropriate 24/7 roadside and emergency criminal defence support.
Having launched its round-the-clock LMP 24/7 service in 2022, the specialist criminal law firm has advised that many services marketed as providing 24/7 protection may not give operators and their drivers the level of support they believe to have in place.
Its own 24/7 model has been built around dedicated coverage and a network of specialist lawyers. This is instead of relying on a single individual being available to answer a call.
According to LMP Legal, having access to a telephone number does not necessarily constitute genuine 24/7 legal protection.
Charlotte Le Maire, Founder and Partner at LMP Legal, said, “In recent years, we’ve seen a growing trend of operators thinking they have 24/7 roadside legal representation in place. However, it transpires that the protection they believed they had doesn’t fully cover them.
“Unfortunately, operators only find that out when it’s too late. Many 24/7 crisis provisions can essentially amount to just having a number you can call. If a driver rings that number and no one answers, they’re then exposed entirely at one of the most critical points in an incident.”
Tougher consequences for professional drivers
Lacking genuine 24/7 legal support can pose significant risks for both drivers and operators. This is particularly as the potential consequences of serious road incidents have become increasingly severe.
Changes to road traffic law in recent years have tabled tougher consequences for professional drivers. In 2022, causing serious injury by careless or inconsiderate driving became a specific criminal offence. It means a driver whose standard of driving falls below that expected of a competent and careful driver can now face imprisonment where serious injury results.
The maximum sentence for causing death by dangerous driving was also increased from 14 years to life imprisonment. Against this backdrop, the actions and comments made immediately after an incident can be critical, says LMP Legal.
The importance of the first response
When an incident occurs, drivers may often attempt to be helpful by explaining what happened or offering their own interpretation of events. However, comments made in the immediate aftermath can potentially have consequences far beyond the roadside.
In one recent case involving a bus driver and cyclist collision, the driver told LMP Legal that he had ‘overshot the bus stop’ and stopped further from the kerb than intended. Although seemingly an innocent comment, this created potential self-incrimination risks around the driver’s conduct.
Due to the driver contacting LMP Legal’s 24/7 crisis line, he was advised on how to respond at the roadside. Meanwhile, evidence, CCTV and witness accounts could be reviewed. The matter ultimately concluded with no further action against the driver.
Data shows that a significant number of drivers unwittingly incriminate themselves at the scene of an incident. This is typically because they are either in shock and trying to explain what has happened. Sometimes they simply don’t understand the potential consequences of what they are saying.
LMP Legal refers to these as the ‘golden minutes’. It is the period immediately following an incident when drivers may be questioned by police and decisions are being made that can influence what happens next.
Charlotte Le Maire continued, “Those first few minutes can be critical. A driver may make what they believe is an innocent comment. However, that comment can actually form a major part of a criminal investigation.”
Reviewing existing 24/7 provision
LMP Legal also believes fleet operators should be asking much more detailed questions about what their existing 24/7 provision actually provides.
Charlotte Le Maire added, “Operators really should be asking exactly what their 24/7 service means in practice. Who answers the phone? Are they a specialist criminal lawyer? What happens if nobody answers? Can they speak directly to the driver?
“These are the crucial questions that need to be answered before an incident happens, rather than after the fact. The whole point of having 24/7 protection is that when something goes wrong, the driver and the operator already know exactly what to do.
“Every fleet will face incidents at some point. The difference is whether they are prepared for those critical first few minutes. True 24/7 support is about having the right people, processes and expertise in place before you need them. So when an incident happens, a driver isn’t left alone to deal with the legal consequences. Also, the business isn’t left exposed to the wider criminal, regulatory, financial and reputational risks that can follow.”
