Woman ringing for help dies after car crashes into her broken down vehicle on M5

A tragic incident on the M5 motorway took the life of a Torquay hotel housekeeper after her car broke down and was struck from behind. Amy Austin, aged 28, succumbed to her injuries two days following the collision at the Royal Devon and Exeter Hospital on December 14, 2021.

Today, November 13, an inquest at Exeter Coroner's Court delved into the circumstances surrounding Amy's untimely death. Eyewitness accounts were presented, detailing the sudden encounter with Amy's immobile black Vauxhall Corsa on the M5's southbound side near Junction 31.

The breakdown occurred on Sunday, December 12, 2021, around 9.15 pm, leaving Amy's vehicle stationary in the third lane out of four, which led to the A30 towards Okehampton or the A38 heading to Plymouth and Torquay. Although her hazard lights were activated, they appeared dim, and while several motorists managed to swerve away in time, the driver of a white BMW admitted to police she had been oblivious to Amy's presence until it was too late.

The BMW driver, who had her son asleep in the front seat at the time of the accident, was reported to be visibly upset and expressed deep regret over the incident. In a cautionary statement, she insisted on her usual cautious driving habits, and subsequent tests verified that she was not under the influence of any substances.

DC John Greathead, leading the investigation, told the court: "The first thing she said she was aware of was her own vehicle lights reflecting on the stationary car and then a bang." He said: "She put that down to a lack of concentration on her part."

It's believed the BMW was travelling at around 70mph at the point of impact. The dashcam evidence showed no signs of braking prior to the collision.

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At the time of the incident, Amy was not wearing her seatbelt, which, according to police, she may have unbuckled either to get out of the car or to reach her mobile phone. Tragically, Amy was found not breathing when emergency responders extracted her from the vehicle.

After receiving CPR on the scene, she was taken to hospital urgently. Tragically sustaining a catastrophic brain injury, Amy's cause of death was recorded as hypoxic-ischemic encephalopathy, and there were no traces of drugs or alcohol in her system. Through the gift of organ donation, she has since been able to save numerous lives.

Police checks into Amy's phone history revealed that she spent almost five minutes trapped within her car before the collision occurred. She had called for roadside assistance, waiting on hold for just over two minutes until a call handler answered.

Describing the ensuing conversation as 'very disjointed', former police forensic collision investigator PC Lee Perry noted the operator had difficulty hearing Amy and she wasn't able to communicate her breakdown location before the accident ensued.

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 mentioned that when he had called the breakdown number Amy used, the initial recorded message advised to dial 999 if stranded in a live lane or in immediate danger. However, Mr Perry noted that he made the call 18 months post-crash, so he couldn't 'guarantee' it was the same message she heard that night.

A forensic examination of Amy's car, described as being well-maintained, disclosed that the vehicle had lost power and halted due to a fault with the timing chain crankshaft drive gear.

Mr Perry commented: "The mechanical failure would have been instantaneous, but there would have been potential indications of some issues with the vehicle. 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 determine if braking prior to impact by the BMW would have altered the outcome.

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Amy's family voiced their worries about the absence of road warning signs after her car malfunctioned. DC John Greathead verified that Highways England (HE) had been contacted, but initially they were uncertain about the location of the broken down vehicle and it was reported that warning signs were erected in the incorrect place.

A camera on the overhead gantry - digital information signs utilised to relay crucial details such as speed limits and upcoming hazards - was out of order, aimed directly down onto the motorway at the crash site, reported Devon Live.

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 highlighted 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 had reported it to the police.

The signals that were then set at 9.16pm to reduce speeds to 60mph were activated after the incident's location had been identified. When questioned by the assistant coroner about whether the location would have been visible if the camera had been operational, DC Gatehead replied: "Yes."

The inquest was adjourned by assistant coroner Stephen Covell, who requested that a representative from Highways England provide evidence regarding the warnings in place at the time of the crash, the procedures for sharing alerts, and whether the faulty camera had been replaced. This information would aid in his decision on whether to issue a Prevention of Future Deaths report.

He stated: "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."

A date for the resumption and conclusion of the inquest has yet to be confirmed. Following Amy's passing, her family paid a heartfelt tribute, describing her as an 'amazing' individual who was hilarious and loved bringing joy to others. Amy was a passionate baker with a sweet tooth and even ran her own sweet business. She worked as the supervisor of housekeeping at TLH Leisure Resorts.

Her family said: "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. 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."