A MUM-of-four who ploughed into oncoming traffic slammed driver assist tech which “took over” the wheel.
Diane Bryan was lucky to be left with just a fine after her brand new Toyota RAV4 Excel smashed into two cars on the A361 in Dean, Shepton Mallet, Somerset.
But, the 58-year-old is raging after being slapped with the £800 penalty, six points and charged with driving without due care and attention.
The Cambridge Weight Plan consultant had been awarded the Toyota through the motability scheme – which allows those who receive PIP to swap payments for an adapted car.
The car was designed that at no point should it ever be able to cross a white line, but it went straight over
Diane Bryan
In moments leading up to the terrifying smash, on December 17 2022, the mum-of-four claimed drive assist tech locked the wheel.
Diane and husband Stan Bryan, 56, alleged the white line sensor, which is supposed to help keep cars in their lane, failed and she veered into the central point.
Shocking dashcam footage showed the motor, moving from a 60mph zone to a 40mph zone, swerving into oncoming traffic and colliding with two cars.
Diane claimed the car remained straight on at a bend, and the wheel was yanked from her grip “by the car”.
She also alleged the brakes and pre-collision system failed, as well as the airbags and emergency call feature.
“Nothing worked the way it should,” she claimed.
Diane argued the car’s technology, which includes a Pre-Collision System, Lane Trace Assist and an emergency call system, was faulty and to blame.
However, the vehicle was destroyed at the scrap yard before diagnostic tests could be run.
The 58-year-old claimed she was given a recall alert on the Data Communication Module of the emergency call system in February earlier this year.
The notice stated emergency calls would not be received and the most recent location data will be cleared.
Diane, from Barnsley, South Yorks., said: “I’m a criminal for the first time in my life.
“I have a criminal record for something outside of my control.
“I’m scared of driving and am nervous on the roads – I don’t drive on roads I don’t know.
“The car was designed that at no point should it ever be able to cross a white line, but it went straight over.”
She explained how the steering wheel vibrated if you get too close to a road line, and if this is ignored, the car will recenter itself automatically.
Diane alleged this system failed on the day of the collision – but three magistrates “totally disbelieved” her at court.
She was offered a Safe & Considerate Driving Course instead of points and a fine which she opted for.
But, the course couldn’t provide an adapted vehicle so Diane was unable to take part.
“Instead I was given six points on my license for the first time in over 30 years of driving,” said the fuming driver.
Despite her furious claims, Diane has no plans to appeal her court conviction.
Diane lives with a spinal cord lesion in her neck and is paralysed down the right-hand side, which is why she received the car through the mobility scheme.
While awaiting trial at Barnsley Magistrates Court after the incident, the DVLA carried out a full medical assessment and her licence was renewed.
In addition, there were no conditions placed on the licence.
After her conviction, Diane doesn’t feel comfortable driving on the roads.
“I’m really struggling to accept being a criminal,” she said.
“I got a fine of £800 – my only income is PIP.
“I’ve got a new car, but I’m scared to have driver assist switched on.”
A spokesperson for Toyota told The Sun: “In the event of an accident, if an insurer feels that a fault with a car has contributed to an accident, the insurer would involve the manufacturer, to establish exactly how the incident occurred and, naturally, to mitigate potential losses.
“That was not felt necessary in this case.
“It’s also worth noting the fact that a court of law deemed it necessary to charge the driver and issue penalty points.”
A spokesperson for Avon & Somerset Police confirmed: “A vehicle was collected by a recovery company following a three-vehicle collision on Sunday 17 December 2022 on the A361 in Dean, Shepton Mallet.
“Thankfully, no-one was seriously injured in the collision.
“As this was a low-level road traffic collision, a vehicle would not be recovered for examination under the Police and Criminal Evidence Act.
“The company was contacted two days later by the driver on 19 December who asked where the vehicle was so she could inform her insurance company.
“On 29 December, the vehicle was collected by an individual acting on behalf of the insurance company, as is standard procedure.
“The driver was spoken to under caution by officers where, when asked, she was noted no recent issues with her vehicle.
“She did not mention any defects through the course of the interview.
“The individual has now been found guilty of driving without due care and attention and would have had an opportunity for this to be raised as part of their defence.”
