A LORRY driver who killed a Swindon mum when his vehicle "ploughed" into her car was today spared an immediate jail term.

He was banned from driving for two and a half years at Winchester Crown Court.

Paul Bradley's articulated lorry hit a broken down car which had come to a stop on the inside lane of the A303 Mere bypass.

Bradley, 53, of Fore Street, Cullompton, Devon, admitted causing death by careless driving at an earlier hearing.

He was today sentenced to eight months imprisonment suspended for two years and disqualified from driving for two-and-a-half years.

His Mercedes HGV struck Mariola Martin's Mazda MX-5 from behind shortly before 1pm on July 27 last year.

Ms Martin, 53, who worked for Dyson in Malmesbury, was returning home from a weekend with a friend. She died at the scene.

Her vehicle had suffered a mechanical fault and she had remained in the car where she made a phone call "desperately calling for help" when she was hit.

Prosecuting, Colin Meeke said: "Mariola Martin was approaching the slip road eastbound at Mere when, unbeknown to her, her car had a mechanical fault.

"The battery had not been charging. The battery simply ran out of power and stopped in the middle of lane one.

"She chose to sit in the car to make a telephone call from the middle of lane one.

"There was no battery power - everything was completely out of power."

The court heard that Ms Martin had pushed the button to turn on her hazard lights, though they did not work because of the lack of power.

Mr Meeke added: "Mr Bradley was driving a large heavy goods vehicle in the same direction and was seen prior to the collision by a Mr and Mrs Lewis who came up behind his lorry.

"Mr Lewis, who himself had been a HGV driver, remained behind him for a short while.

"They notice it weaved in its lane, that concerned them both, and Mr Lewis decided to overtake.

"His wife looked up to the cab of the lorry and could see that he had his phone in his hand, but could not see what he was doing."

The court heard that the couple also came upon Ms Martin's MX-5 "quite quickly" as Mr Lewis "did not appreciate fully that it was stationary" but he still had "ample time to avoid it".

Mr Meeke added that Bradley was driving at 55mph, a little over the speed limit, and had around 14 seconds to see the car.

He added: "He had some 14 seconds to see and do something about it.

"It would have been in his field of vision for 14 seconds. It is a matter of a couple of lorry lengths at most.

"He applied his brakes at the very last moment. There was no way of stopping in that time. He ploughed into the back of the car."

The court heard that Bradley, who has been driving since he was 25, was distracted by his phone flashing, although he had not used it, and by a bag falling from the back of the cabin.

Defending Mark Balysz said: "Nothing I say on behalf of Mr Bradley can undo the tragedy of that day.

"No one feels that more keenly than Mr Bradley himself, who has shown full and proper remorse over what occurred."

He added that in Bradley's statement he said he was not using his phone but may have had it in his hands.

Reading from Bradley's police interview Mr Balysz said: "'The screen keeps flashing up and down and as far as I can remember all I had was my phone in my hand.

"'The phone I refer to was my own phone kept in a cradle to the right hand side of the steering wheel. I had it for a matter of moments then placed it in the cradle.

"'I was distracted by a bag falling and glanced back.

"'I continued driving along. I looked forward again and Mariola's car was in front of me. I could not stop.

"'I am devastated and truly sorry that my driving on July 27 caused the death of Mariola Martin'."

The court heard that Bradley, who is divorced and has 18-year-old twin sons and a 24-year old daughter, is of previous good character and had attempted to brake and swerve to avoid the car in the road but it was too late.

Ms Martin, who has one daughter, had been on the phone at the time of the collision. 

Judge Keith Cutler said: "There you were on July 27 driving your Mercedes lorry along the A303 - quite clearly it was that you were not paying attention.

"This great tragedy followed.

"I accept you were driving your lorry at 55mph just slightly in excess of the speed limit but that did not contribute to the outcome of this accident.

"You didn't notice or react correctly to the presence of Ms Martin in her car which was stationary on the A303 going east.

"She was desperately calling for help from her car seat and, having tried, was unable to put her hazard lights on.

"Suddenly there she was in front of you and you are unable to avoid the collision.

"I accept you applied the brake and tried to steer to one side but it made no difference to the outcome.

"That lady lost her life as a result of injuries suffered in that accident and that was something that was in many ways so avoidable, so tragic, and I accept has haunted you since.

"You as a lorry driver of a heavy goods vehicle, you and your fellow lorry drivers bear a responsibility that the vehicles are driven safely and at a minimum risk to other road users.

"You are a man of 53 years of age, of good character who has shown rightly from the word go, complete remorse.

"I do accept that the effect of this accident on you and certainly on the family of Ms Martin has been profound and you will bear the scars for the rest of your life.

"I am sentencing you to eight months imprisonment suspended for two years. The period of disqualification is one of two and a half years."

Ms Martin was born in Poland but moved to Swindon when she was a teenager.

Ms Martin, who was survived by daughter Jewelly, was described her as ‘vibrant and energetic’ by her family when they paid tribute to her at the time.

They said: “She was the sort of person that overcame her personal challenges with humour and persistence.

“Born in Poland into a family of nine siblings, she was a spirited and confident child who went on to study catering where she developed culinary skills.’’

Ms Martina travelled to Swindon when she was 17 for a study break. The family added that she met her first husband with whom she had two wonderful children.

Her marriage did not work out, but Ms Martin took on two jobs at Debenhams and Wise’s so that she could raise her two small children.

The family concluded: “Mariola later moved on to Honda and then to Dyson where she was happy.

“She will be missed by all of her family and friends who loved her deeply for her innocence, charm and exuberance.”