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Fleet Operations & Compliance

Fleets warned over gaps in 24/7 legal support

Specialist criminal law firm LMP Legal said operators should establish who will respond following a serious road incident.

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Fleet operators have been warned to review their emergency legal arrangements amid concerns that some services marketed as providing 24/7 support may not provide the level of protection expected.

Specialist criminal law firm LMP Legal said operators should establish who will respond following a serious road incident, whether drivers can speak directly to a specialist criminal lawyer and what happens if their usual contact is unavailable.

The firm launched its LMP 24/7 service in 2022, providing round-the-clock legal and regulatory support for drivers and operators through dedicated coverage and a network of specialist lawyers.

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, when 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, but 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.”

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LMP Legal said immediate access to legal advice has become increasingly important following changes to road traffic law.

In 2022, causing serious injury by careless or inconsiderate driving became a specific criminal offence, while the maximum sentence for causing death by dangerous driving increased from 14 years to life imprisonment.

The firm warned that comments made by drivers immediately following an incident can also have implications for subsequent criminal investigations.

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In one case involving a collision between a bus driver and cyclist, the driver told LMP Legal that he had “overshot the bus stop” and stopped further from the kerb than intended.

The driver contacted the firm’s crisis line before speaking to police and received advice while evidence, CCTV and witness accounts were reviewed. The case ultimately resulted in no further action against the driver.

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LMP Legal refers to the period immediately following an incident as the “golden minutes,” when drivers may be questioned by police and early decisions can influence subsequent proceedings.

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Le Maire said: “Those first few minutes can be critical. A driver may make what they believe is an innocent comment, but that comment can actually form a major part of a criminal investigation.”

She 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.

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“True 24/7 support is about having the right people, processes and expertise in place before you need them – so that when an incident happens, a driver isn’t left alone to deal with the legal consequences and the business itself isn’t left exposed to the wider criminal, regulatory, financial and reputational risks that can follow.”

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