By Ben Perrin

Copyright birminghammail

A “fatigued” Birmingham van driver who killed his passenger when he smashed into the back of a lorry at 91mph drove past four service stations where he could have taken a break. Legard Swaby was driving from London to Birmingham when the crash happened on the M40 near Warwick in May last year. He made no attempt to break or steer in a way that could have prevented the tragedy, police said. Swaby, from Washwood Heath, claimed he was trying to wake the passenger so he could take a turn at driving at the time of the collision in the early hours. The passenger suffered catastrophic injuries and died later in hospital. READ MORE: Birmingham raid probe as police issue picture of man officers want to trace READ MORE: Primary school ‘removes books’ from library that contain ‘link to explicit website’ Swaby, 41, pleaded guilty to causing death by dangerous driving. He was jailed for two years and seven months at Warwick Crown Court last week. He was also banned from driving for more than six years. Pc Craig Pearson, one of Warwickshire Police’s serious collision investigators, said “taking a break when driving, especially at night, can be the difference between life and death.” Police inquiries showed the circumstances of the collision were consistent with fatigue. Pc Pearson said: “Our investigation showed Swaby drove past four service stations where he could and probably should have stopped for a break. “Had he taken the opportunity to take a break this tragedy may have been avoided.” As many as 20 per cent of crashes are estimated to be caused by driver fatigue, with most fatigue-related collisions occurring on motorways and dual carriageways. This is probably because of lack of stimulation for the driver and the monotonous nature of this type of driving. In fact, research suggests that driving when tired can be as dangerous as drink driving. Collisions due to fatigue have a high risk of causing death or serious injury because often the driver does not brake before crashing. So what are the signs of fatigue? Look out for: increased difficulty concentrating; yawning, heavy eyelids and eyes starting to roll. And to avoid fatigue while driving: get a good night’s sleep before driving – aim for seven to eight hours. Take a break at least every two hours. And plan out your long or late-night journeys, identifying rest stops on your route. If you’re an employer of people who drive for business, you can also help tackle driver fatigue by engaging with the Driving for Better Business programme, which offers free resources to improve road safety and reduce risk across their fleets. More information can be found here: Commercial Drivers – Commercial Driver Safety