A lorry parked on the A34 was "an accident waiting to happen", a jury was told yesterday.

Prosecutor Nicholas Syfret told Oxford Crown Court that driver Richard Brown thought only of his own convenience when, at about 4.30am in December, 2004, he stopped on the dual carriageway, just before the Botley interchange, to make a phone call asking for directions.

His truck was struck by lorry driver Peter Smith, whose vehicle then tipped over across both lanes and was hit by another lorry driven by 46-year-old John Kilty, from County Durham, who died from his injuries some weeks later.

Brown, 55, of Seaford, Cheshire, denies causing death by dangerous driving and dangerous driving.

Mr Syfret said that within four minutes of Brown stopping, his lorry had been hit by Smith, who has admitted causing death by dangerous driving.

He said that at that time of day it was not going to be apparent that the vehicle was in fact stationary, rather than slowing to turn left.

He added: "Even had the vehicle had its hazard lights on, you might think there's no question at all it's a real danger to other road users."

Forensic scientist Helen Clark said her examinations pointed to the hazard lights not having being on, although the back lights and left indicator appeared to have been.

Adrian Redgrave, defending, said about 22 vehicles had passed Brown's stopped lorry without incident and that it was not therefore, 'an accident waiting to happen'. He urged the jury not to equate stopping on a clearway with dangerous driving.

He said: "The point is that the dangerous driving here and the cause of Mr Kilty's death, is for whatever reason, Mr Smith's doing.

"We submit that this is not a case of causing death by dangerous driving or of dangerous driving.

"It's a wretched tragedy which, if Mr Smith had been driving properly, simply wouldn't have happened."

The case continues.