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Manchester Evening News
Manchester Evening News
National
Kenny Parker & Todd Fitzgerald

Delivery driver killed gran in motorway smash having taken amphetamine to 'stay awake' while on the road for nearly 12 hours

The case of a van driver who killed a grandmother in a motorway smash having taken amphetamine 'to stay awake while making deliveries across the country' left a judge 'astonished'. Marcin Szewczyk, 43, ploughed into the back of a Kia Sportage in heavy traffic at 58mph, pushing it into a HGV.

Suzanne Taylor was a passenger in the back seat of the vehicle, which was at a stand-still with the hazards on. The 71-year-old suffered fatal injuries and tragically died at the scene, on the M6 near Sandbach in Cheshire.

Daughter Wendy Jones, 49, was in the front passenger seat. She now has to use a wheelchair, having been seriously injured.

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Szewczyk, originally from Poland before he moved to Stockport, had been driving for almost 12 hours of the previous 22, a court heard. He had covered 455 miles.

He claimed he had amphetamine to stop himself falling asleep at the wheel, fearing he would lose his job. Szewczyk was seen making 'jagged and aggressive' movements in his van before the crash.

At the roadside, the father-of-three was seen to be 'twitchy and uncontrolled'. The court heard he was under the drug-drive limit. It also emerged he did not have a valid UK driving licence.

At Chester Crown Court, Judge Steven Everett called for a change in the law on delivery drivers' working hours - and questioned drug driving regulations. Szewczyk admitted causing death by dangerous driving; and causing serious injury by dangerous driving.

He was jailed for seven-and-a-half years.

Suzanne Taylor (Cheshire Constabulary/Cavendish Press)

"I am just truly astonished that there's a system within our law that says someone can drive with a controlled drug in their system," the judge said, also suggesting van drivers should 'undergo the same sort of tests and follow the same rigorous regulations as lorry drivers'.

The court earlier heard the incident happened at around 12.30am on October 30, 2021. Szewczyk, who delivers frozen food to Polish shops, was behind the wheel of his white Mercedes Sprinter van on the northbound stretch of the M6.

Prosecutor Frances Willmott said: "The previous day he had driven from 5.54am to 6.10pm, covering 259.55 miles on a trip from Manchester to Hull and back.

"On the day leading up to the collision, he had been making deliveries to London. GPS data shows that he left a warehouse in Manchester at 2am and would have been at the warehouse some 30 to 40 minutes before that time in order to load the van.

"He then drove to London making a number of short stops consistent with delivering to shops, before driving back north. He made two shorter stops of under an hour and a stop of two-and-a-half hours near Wolverhampton on his way home.

"By the time of the collision he had driven 455 miles and it was 22-and-a-half hours since he had left the warehouse. He had spent 11 hours and 52 minutes of that driving."

Mrs Taylor, the court heard, was being driven back to her home in Burscough by her daughter Wendy Jones and son-in-law Dominic following a family holiday in the Isle of Wight.

Judge Steven Everett (M.E.N.)

"Traffic started to slow and there were warning signs that there were queues ahead," Ms Willmott added. "Mr Jones put his hazard lights on, looked in his rear-view mirror and saw a van bearing down on them.

"He had just sufficient time to comment that the van was going to crash into them before the collision."

The court heard Szewczyk was 'unsteady on his feet' when seen by police. "A blood sample was taken and when analysed it was found Szewczyk had amphetamine in his system at a level of not less than 129 micrograms of drug per litre of blood, although this is below the legal limit of 250 micrograms," Ms Willmott said.

Szewczyk gave no comment when quizzed by cops, but subsequently told his employers he had failed police impairment tests because he 'did not have any energy left, was exhausted and could not stand on his feet'.

He suggested he had slept during one of his stops and was reminded by his employers that if he had been too tired he should have told them and they would have changed the day of the journey.

Inquiries revealed he had unsuccessfully applied to exchange his Polish driving licence for a UK driving licence, then told his employers there were delays with the DVLA exchanging the licence due to Covid.

Szewczyk, of The Bentleys, Lancashire Hill, Stockport, banned from the road for five years upon his release.

'I never got to go to my mum's funeral'

Wendy Jones, speaking about losing her mother, said in a statement: "I never got to go to my mum's funeral to say goodbye. My leg was broken in two places. The surgeon told me it is going to be a long road, two years, to heal.

"I cannot contribute to my family or engage with work colleagues which I really miss. There is ongoing counselling for trauma. I need support. There are so many things that have been taken from me.

"Everything changed for me in that moment. I am now classed as disabled, but I fight everyday. It is what my mum would want. She never got the chance to fight back."

Ms Jones' brother Gareth Taylor said: "I find it difficult to do my job as a professional HGV driver. I cannot bear to drive past that stretch of road where the accident occurred. Each time I see a white van driving dangerously I want to scream at them to slow down.

"The pain is indescribable. I will never be the same."

Mitigating, Milena Bennett highlighted the evidence Szewczyk had been driving for 12 hours, covering 455 miles, adding: "He was working as a delivery driver and his route was to go to London overnight and back. What he tells me is that he usually has 15 drop-off points which includes off-loading and taking it into the shop.

Chester Crown Court (M.E.N.)

"However, due to the shortage of drivers he was told that he needed to do an extra five drop off points. What happened was that the last one he had never been to before, it was a completely new drop off point for him.

"Because he feared he may lose his job, this happened during the pandemic in 2021 when the economy was just resurrecting itself, he decided to take up the challenge so to speak.

"He had previously driven to Hull but he had adequate rest between 6pm and 2am the following morning when he drove to London.

"He did feel tired. He previously made complaints about the extended route, but was told in no uncertain terms that if he did not want the job they would always find someone else.

"He made the wrong decision and he accepts that. Especially when he did feel tired, he should've stopped for a longer period of time. He did try to stop, sleeping for two-and-a-half hours in Wolverhampton. His mistake was that he thought he felt rested enough to drive but obviously he was not. He even said he had an energy drink to get himself more awake.

"He is truly remorseful about what he has done. He stated that if he could turn the clock back to take away all the sorrow and the pain he has caused, he would've done so but unfortunately he cannot do that. He continually has flashbacks and he thinks about what he has done on a daily basis and cannot sleep."

'Somebody needs to get a grip on this'

The judge said: "I just wonder why it is that van drivers driving professionally are not required to undergo the same sort of tests and follow the same rigorous regulations as lorry drivers. I just wonder whether it's time the government of the day looked at that.

"If the defendant was driving a HGV he would not be allowed to drive the sort of hours he did here. Tachograph regulations require someone to stop working.

"I just don't understand the lack of regulations for van drivers. It is something that perhaps ought to be considered. I was surprised that the amount of drugs in his system was below the so-called legal limit.

"How can it be legal to drive with a controlled drug in your system? Who has decided that there should be a legal limit. Just taking amphetamine is illegal. Somebody needs to get a grip on this.

"I will be getting in touch with the Police [and] Crime Commissioner. Somebody has made a decision that if you take amphetamine, and it must be the same for other drugs, it's alright as long as you are below the certain limit.

"I am just truly astonished that there's a system within our law that says someone can drive with a controlled drug in the system."

'He chose to ignore the law'

Investigating officer PC Faye Clarke said: "Szewczyk’s actions and decision to continue to drive throughout the 22 hour period prior to the collision has devastated Suzanne’s family.

"He did not hold a valid driving licence and enquiries found that his Polish driving licence was listed as confiscated and invalid.

"Whilst employed as a professional driver Szewczyk deliberately chose to ignore the law and continued to drive whilst knowingly fatigued and under the influence of a controlled drug which put lives at risk. He had ample opportunity to pull in or leave the motorway network but continued to drive.

"I would like to thank all those who assisted at the scene and those who have supported police to allow us to build a case to put Szewczyk before the court and take him off the roads.

"Our thoughts remain with Suzanne's family who have been left devastated following this tragic collision, they have shown such dignity and courage throughout proceedings."

Speaking following the sentencing, Ms Taylor's family said: "As a family we are pleased with the custodial sentence of seven and a half years, though no sentence can bring mum back.

"We as a family want to move forward with our lives and keeping mum in our thoughts at all times.

"We would like to thank Cheshire Police for their hard work and patience showed throughout this process, especially our family liaison officer and the investigation team."

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