A driver has been jailed after his two passengers died when his flatbed truck hit a lorry on the M26.

David Boaler, 44, and 22-year-old Reece Watson were killed in the crash on October 15, 2020.

Now Nigel Butler, 57, of Headcorn Road, Sutton Valence, near Maidstone, has been jailed for 27 months at Maidstone Crown Court after admitting causing their deaths by driving carelessly.

Prosecutor Daniel Stevenson told how on the evening before the tragedy Mr Butler had planned to travel to Brighton to collect a hot tub which would be installed in his garden.

“The collision occurred on the coastbound carriageway of the M26 motorway in Kent, between junction 2a at Wrotham and the junction with the M20,” he said.

“At the time of the collision, the motorway past junction 2a was subject to a lane closure and a temporary 50 mph speed limit.

“It seems that the defendant was en-route back to Kent, having collected the hot tub although he has no recollection of the collision.”

The articulated lorry was being driven by 25-year-old Fabian Giolec who was heading towards Dover.

The prosecutor told the court: “Mr Giolec was travelling in lane one of the M26. He used his engine retarder to slow his lorry, which causes his brake lights to illuminate. He also applied his hazard lights.

“When he was about 100m from the queue of traffic, he felt a hard knock or bang at the back of his trailer.

“When he looked in his left mirror, he saw the defendant’s flatbed van drive sideways into the crash barrier.”

The emergency services were called but despite their efforts the two men died from their injuries.

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Butler was taken by air ambulance to King’s College Hospital in London where he was diagnosed with multiple injuries.

They included rib fractures, a fractured collarbone, lacerations to his hands, an open wound to his leg and fractures to some of the bones in his hand.

Investigators from Kent Police’s Serious Collision Investigation Unit examined the circumstances and Butler advised the police he had no memory of the incident.

The officers identified Butler had suffered symptoms of excessive daytime sleepiness for a number of years.

Defence lawyers served on the court an expert report from Dr Mark Jackson, a consultant respiratory physician.

‘He will now have to live with the knowledge that his actions led to the deaths of his two passengers...’

His report diagnosed Mr Butler as suffering from “obstructive sleep apnoea”, a condition which occurs when the muscles at the back of the throat which support the soft palate relax, causing the airway to narrow or close.

The brain then senses the inability to breathe and briefly wakes the person so that the airway reopens.

Mr Butler was aware this was an issue but had failed to get medical help for the condition or notify the DVLA. Following consultation with medical experts, the officers concluded he had fallen asleep at the wheel and he was later diagnosed with sleep apnoea.

Investigating officer PC Mel Day said: “This was a tragic incident in which two men needlessly lost their lives and their families are now mourning the loss of their loved ones.

“Butler was aware he was regularly feeling excessively tired and drowsy. He failed to seek professional help or advice for this, which meant when he started driving he was a potential risk to other road users.

“He will now have to live with the knowledge that his actions led to the deaths of his two passengers.

“This should serve as a warning to all motorists that if they have an illness or condition that might impair their ability to drive safely, they should not get behind the wheel. In these circumstances they have an absolute duty to seek medical advice and inform the DVLA.”