M5 horror as woman ringing for help dies after car crashes into her broken down vehicle

Amy Austin
-Credit: (Image: Reach Publishing Services Limited)


A heartbreaking event on the M5 motorway claimed the life of a Torquay hotel housekeeper when her car broke down and was hit from behind. Amy Austin, 28, tragically passed away two days after the crash at the Royal Devon and Exeter Hospital on December 14, 2021.

On November 13, an inquest at Exeter Coroner's Court delved into the circumstances surrounding Amy's premature death. Eyewitness testimonies were given, describing the sudden encounter with Amy's stationary black Vauxhall Corsa on the southbound side of the M5 near Junction 31.

The breakdown happened on Sunday, December 12, 2021, around 9.15 pm, leaving Amy's car immobile in the third lane out of four, leading to the A30 towards Okehampton or the A38 towards Plymouth and Torquay. Despite her hazard lights being on, they seemed dim, and while several drivers managed to swerve in time, the driver of a white BMW confessed to police she hadn't noticed Amy's car until it was too late.

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The BMW driver, who had her son asleep in the front seat during the accident, was reported to be visibly distressed and expressed deep remorse over the incident. In a cautionary statement, she emphasised her typically careful driving habits, and subsequent tests confirmed that she was not under the influence of any substances.

DC John Greathead, who is spearheading the inquiry, said in 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 added that "She put that down to a lack of concentration on her part."

Reports suggest that the BMW was doing roughly 70mph at the time it hit. Dashcam footage indicates there was no attempt to brake before the smash happened.

At the moment of the accident, Amy wasn't wearing her seatbelt; police believe that she might have removed it either to leave the car or to get her mobile phone. In a heart-breaking turn of events, Amy wasn't breathing when emergency crews got her out of the car.

After being given CPR right away, Amy was rushed to the hospital in a critical condition. She suffered a severe brain injury and despite all efforts, passed away due to hypoxic-ischemic encephalopathy. No drugs or alcohol were detected. Through organ donation, she was able to help the lives of many others.

Investigators found out that Amy had been stuck inside her car for around five minutes before the crash took place. She tried to seek roadside help, staying on hold for a little over two minutes before finally getting through to assistance.

PC Lee Perry, a former police forensic collision investigator, labelled the conversation between Amy and the operator before the crash as 'very disjointed' because the operator struggled to hear her and failed to ascertain her location before the tragic incident occurred.

He recounted: "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."

Additionally, Mr Perry observed that when he later called the breakdown service number Amy had used, the initial automated message recommended calling 999 if one was stranded in a live lane or immediate danger. However, he acknowledged making this call 18 months after the accident, leaving him unable to confirm if it was the identical message Amy received on the fateful night.

A post-incident inspection of Amy's car, which was found to be in good condition, revealed it came to an abrupt halt due to a defect with the timing chain crankshaft drive gear.

Mr Perry added: "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 reached the conclusion that the collision was 'unavoidable' and could not ascertain whether braking before the impact by the BMW would have changed the tragic outcome.

Following the incident, Amy's family raised concerns about the lack of road warning signs when her car experienced a malfunction. DC John Greathead confirmed that Highways England had been notified; however, there was initial confusion regarding the precise location of the broken-down vehicle, leading to reports that warning signs were set up in the wrong area.

A camera positioned on the overhead gantrydigital information boards used for displaying important information like speed limits and warnings of hazardswas found to be inoperative, pointing straight down onto the motorway at the site of the accident, as reported by Devon Live.

DC Greathead remarked: "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."

He further relayed the response from Highways England: "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, it remains unconfirmed whether the camera has been replaced since the incident. The police also pointed out that Highways England initially listed the report as coming from an 'unconfirmed source', which referred to the individual who informed the authorities.

After pinpointing where the event took place, signals were set at 9.16pm to lower speed limits to 60mph. Detective Constable Gatehead, when probed by the assistant coroner on whether the site of the occurrence would have been visible had the camera been working, conceded: "Yes."

Assistant Coroner Stephen Covell adjourned the inquest, asking for a Highways England representative to testify about the alert systems operational during the accident, their communication procedures, and to confirm if the malfunctioning camera was fixed. This data is vital for him to consider issuing a Prevention of Future Deaths report.

He expressed his concern with: "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."

The date for the continuation and conclusion of the inquest into Amy's death remains unconfirmed. Following the tragic loss, Amy's family shared a moving tribute, painting a picture of an 'amazing' person who was not only hilarious but also took great joy in making others happy.

Amy had a flair for baking and a particular fondness for sweets, which led her to start her own confectionery business. She was also known for her role as the housekeeping supervisor at TLH Leisure Resorts.

Her family expressed their memories, saying: "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."

They continued to reminisce: "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."