A 32-year-old man caused the death of a much-loved father, brother, and grandfather, by crashing into him as he stood on the hard shoulder of the M65, following a momentary lapse in concentration.

Preston Crown Court heard that a shocked and distressed Arron Nevins told witnesses at the scene of the fatal incident, in which 67-year-old Paul Marshall was killed: “It’s my fault, I hit him, I hit him”.

Shortly before 5am on Friday March 11, 2022, Mr Marshall had set off from his home in Bury to deliver a dual control Hyundai to Scotland so it could be used by an instructor to provide driving lessons.

Emma Kehoe, prosecuting, told the court that the Hyundai had needed extensive repairs carrying out on its gearbox in January, but since the repairs had taken place, it had been sitting stationary waiting for a delivery date to be arranged.

Following delivery arrangements being made, Mr Marshall had collected the Hyundai, but as he travelled between junctions four and three on the westbound carriageway of the M65, the gearbox suffered sudden failure and his car came to a stop in lane one.

Ms Kehoe said: “It was dark, and he was unable to move the vehicle. He put on his hazard warning lights and kept his head lights on to warn other passing vehicles.

“It seems then that Mr Marshall went one step further, which proved to be catastrophic, as he stood next to his car and tried to wave other vehicles away from his to avoid collision.”

Ms Kehoe told the court that Mr Marshall then called the police to report his car had broken down in lane one.

During this time several other drivers travelling along the same stretch of the motorway were able to avoid Mr Marshall and his car after seeing his hazard lights, although at first, they assumed the car to be stationary on the hard shoulder, Ms Kehoe explained.

Despite their initial assumptions, all the drivers were able to ascertain the vehicle was in fact sitting in lane one in sufficient time to move safely into the middle lane and avoid a crash.

The drivers also later told police they had all seen Mr Marshall standing next to his car as they passed by.

Ms Kehoe went on: “While Mr Marshall was on the phone to the police, Arron Nevins’ Fiat Ducato van crashed with Mr Marshall’s Hyundai and Mr Marshall was hit by Mr Nevins’ vehicle causing his fatal injuries.”

Judge Heather Lloyd said: “I have seen the footage, and the defendant did swerve into the hard shoulder to try and avoid the vehicle but that’s where Mr Marshall was stood.”

“Yes, and as a result of the crash, the vehicles were pushed into the carriageway coming to rest in the second lane”, Miss Kehoe added. “A Ford Fiesta which was driving in the same direction then crashed with the Hyundai and the driver of that car received very serious injuries.”

It was heard that witnesses to the crash stopped at the scene and tried to help Mr Marshall.

Ms Kehoe said that Nevins also exited his car and despite being in shock and injured himself, offered CPR to Mr Marshall and waited for the paramedics and the police to arrive.

Sadly, Mr Marshall was pronounced dead just before 6am.

The driver of the Ford Fiesta, who was also caught in the crash, suffered nine broken ribs and broke part of his spine and sternum, with Ms Kehoe telling the court that despite his physical recovery, he was still psychologically struggling.

She went on: “The defendant had not been speeding and there were no defects on his car. It just seems he had seen the car too late and had reacted too late.

“Nevins remained at the scene and was arrested and provided police with two detailed statements before pleading guilty to causing death by careless driving in the lower courts.

“He was engaged in a brief but unavoidable distraction and did not see the hazard until it was too late.”

A victim personal statement from Mr Marshall’s daughter explained how she and her brother, who has learning difficulties, were struggling to come to terms with the death of their father, with her brother unable to understand the enormity of what had occurred.

Mr Marshall’s death had also left the siblings orphaned their mother having died in 2004.

Mr Marshall’s sister, Lousie Smith, said the tragedy had impacted all their lives and they as a family would “never be the same again”.

Defending Nevins, Suzanne Hargreaves said her client had no previous convictions and had accepted his concentration must have lapsed.

She said: “He realised too late the position of the Hyundai and he panicked.

“He went back to face up straight away and did his best to assist at the roadside.

“It’s very clear that Nevins said, ‘I hit him’.

“He has taken it to heart, and he continues to do so and not a day goes by where he doesn’t remember or think about what happened. He will live with this for the rest of his life.”

Judge Lloyd sentenced Nevins, of Grenada Close, Lower Darwen, to 12 months in prison suspended for 18 months with a 150-hour unpaid work requirement.

He was also disqualified from driving for three years.

At the time of his death, Mr Marshall's family issued the following statement: "Gone too soon. To say my dad's sudden passing has left a huge hole in our hearts and lives is an understatement.

“He was such a loving, supportive and protective dad and grandad, always there when we needed him, whether for his comforting words, practical advice or just to embrace us and tell us it was ‘all going to be okay’.

“His pride and encouragement in us was infectious, and made us feel like we could do anything we dreamed of.

"He was a loyal and loving friend, the calm in the storm, and showed such compassion and love for others, even if he didn't know them personally.

"Their humanity or time of need was what was important to him.

“It's difficult to put into words how his loss has affected all of those who loved and knew him, his family and friends. Our lives will never be the same again without him in it.

"The impact of his death resonates in everything we think about, do and see because my dad was an everyman, who cared for, and lived for those he loved, and for those who loved him.

“It is an honour that I could say he was my dad, he led by example and taught me to be loving, compassionate, patient and resilient.

"My dad was loved so much by my older brother, and he will miss him being there for him, and his leisurely days out.

“Dad will be remembered forever. Loved always.”