A taxi driver who had worked for around 53 hours over three days fell asleep at the wheel and killed a “sweet, gentle” man who had stopped in a layby on the A23.
A taxi driver who fell asleep at the wheel and struck and killed a man who had stopped in a layby has been jailed for six years.
Kolawole Erunkulu, 45, from Bexyleyheath, South London, was driving an Audi on the A23 in Merstham shortly before 6.30am on Sunday, 17 August 2025, when his vehicle swerved across the carriageway and collided with 59-year-old Philip Dray.
Philip had parked his Volkswagen safely in a layby to take a break and was opening the driver’s door to get back into his vehicle when he was struck. He died at the scene.
CCTV footage showed the Audi’s nearside wheels crossing completely over the white lines and entering the layby before the vehicle corrected course after the collision.
An investigation by detectives found that Erunkulu had been driving for around 53 hours during the three days before the crash. Data obtained from his employers showed that his longest rest period in that time had been just seven hours, three days before the collision. He had also taken one break of approximately four hours and two of around two hours.2
Immediately before the crash, Erunkulu had been working as a taxi driver for around 12 hours, with only minor breaks.
Video footage from an interior camera in Erunkulu’s vehicle showed him falling into a “microsleep” — a brief episode of sleep lasting just seconds, during which the brain does not process information.
During one of these episodes, his Audi veered across the carriageway and collided with Philip, who was standing within the layby. The vehicle continued driving for another 10 seconds before Erunkulu parked in the next layby.
Erunkulu, who has joint British and Nigerian nationality, pleaded guilty to causing death by dangerous driving when he appeared at court in June.
He was sentenced at Guildford Crown Court on Tuesday, 25 August, to six years in prison. Had he been convicted following a trial, he would have received a nine-year sentence.
He was also disqualified from driving for eight years, running concurrently with his prison sentence, and will be subject to an extended retest if he reapplies for his licence.
During sentencing, Her Honour Judge Lees said the footage showed Erunkulu was “extremely tired” and had continued driving when he must have known that.
“He was driving commercially,” she said. “Even though he didn’t have a passenger, he could have done and has driven in that state. All of this could have been stopped had he have slept.”
Acting Detective Inspector Rob Baldwin, from the Serious Collision Investigation Unit, said the case highlighted the dangers of driving while fatigued.
“Mr Erunkulu had worked long hours with insufficient rest over the preceding days, accumulating a sleep debt,” he said.
“Fatigue can seriously impair a driver’s ability to remain alert and react safely, particularly during the early hours of the morning when the natural drive to sleep is at its strongest.
“Anyone who feels tired should not continue driving, as the consequences can be devastating.”
Philip’s family described him as “an amazing partner and man”.
His sister said he was “dependable and steady” and “the sort of person people could rely on without hesitation”.
“He never sought attention and lived his life quietly, but he cared deeply about others and treated people with respect and decency. He was simply a good man,” she said.
Philip had spent his life as a careful and conscientious driver, ensuring the safety of his passengers and other road users, his sister said.
“The fact that he, someone who worked every day to keep others safe, had his life taken in such a way makes this loss even more incomprehensible and tragic.”
Philip’s partner described him as “a sweet, gentle, and caring man”, saying they were each other’s “cheerleader, advisor, partner, and best friend”.
She said he was “the one who was always there to give me a hug”.
“Phil was my partner and my soulmate,” she said, describing an “enormous emotional and physical void” without him.
She said Philip would call her several times a day when waiting for a client or during lunch, simply to ask how her day was going.
“I miss those calls very much,” she said.
To highlight the dangers of driving while fatigued, Philip’s family have agreed to the release of video footage showing Erunkulu falling asleep at the wheel.
