How do you hit a stationary object?
Here's one possible way, your driving along in the left hand lane at night without any overhead lighting. You are travelling at 31 m/s and approaching a couple of lorries, on a long right hand bend. You move into the middle lane to overtake the lorries, but just as you are about to pass them, the nearest lorry decides to overtake the furthest lorry - obviously without any warning because we all know lorry indicators don't work. He moves into the moves into the third lane to overtake the lorry. As he is passing the lorry, he sees something odd reflecting in his lights, realizes its a car, can't swerve for fear of being struck by the lorry so applies the brakes but not soon enough to avoid hitting the car at (say) 13 m/s (30mph) - plenty enough speed to kill the unbelted driver of the red car.
Skid marks? - why do people expect there to be skid marks at any/all accident scenes, absence of skid marks doesn't indicated absence of braking, it doesn't even indicate absence of skidding, it only indicates absence of skid marks. Who here had to do an emergency stop as part of their driving test? - who left skidmarks? (bearing in mind it would earn you a failure, if you skidded, as it wouldn't have been a controlled stop).
As for looking where you are going - large segments of the UK motorway system are unlit (It's a while since I travelled on the M1 so I couldn't say for certain). Looking where you are going is all well and good, but in the dark you can only see as far as your lights illuminate. Typically dipped lights will illuminate reflective objects 100-200 metres away (say 3-6 seconds away), assuming no bends or other obstructions, such as large vehicles. Non-reflective objects (such as cars facing the wrong way), will be illuminated up 40-50 metres (1.3-1.6 seconds at 31m/s). Dipped headlamps aren't designed to illuminate non-reflective obstructions on motorways at motorway speeds - sure you can be a menace to all other road users and use your full beams the whole time (virtually always unnecessarily). Additionally, it is those who look where they are going the whole time who are the true menace, I typically spend 5-10% of my time checking my mirrors (when I am fully alert) and making myself aware of the traffic around as well as in front of me.
Was the Audi driver an idiot going back to his car? He'd just (presumably) lost control and spun it, so probably was in shock and wasn't thinking clearly.
Other people managed to avoid it? were there other people in the right hand lane that night - it is entirely plausible that no-one else was in the lane, after all it is supposed to be the least used lane. Even if others managed to avoid it, only means it was possible to avoid - it doesn't mean that it was reasonable to expect everyone to avoid it, some people get lucky others don't - in fact those in front of him have a clearer view of the road by virtue that they don't have themselves blocking their view of the road ahead - all it takes is for him to be panicked by the car in front suddenly swerving - or perhaps he blinked at the wrong time or checked his mirrors at the wrong time. Also, just because he hit the car doesn't mean he didn't take evasive action - in fact the effect clipping the stationary car would likely be much more devastating than hitting it full on.
I am not even going to touch the mobile phone point, I think we all know how tenuous that evidence is.
Yes there are lots (and lots (and lots)) of people who perpetually drive too fast, too close and are distracted by their phones. However, there is nothing that has been printed so far to indicate that this was the case.
I'm with the AC who posted at 17.47 - What I'd like to know is how come it took SO long - 11 months, to get to court when there was a death ? Was there some lobbying behind the scenes?
Certainly it is reasonable that being so profile, he can't avoid prosecution forever (even if it wouldn't normally be countenanced) - however I would be extremely surprised it it goes very far. All that I see happening is his name being cleared (whilst simultaneously mudded).
BTW, I use m/s for speed because MPH only tells you how long it takes to get somewhere - I don't see how anyone can comprehend the speed of 70 MPH (except maybe if they have travelled that fast on a motorbike or skis or had to try and control a car that was out of control at that sort of speed). Travelling safely on a motorway at 70 MPH in a nice warm safe car that is totally under your control (or so you believe), gives you absolutely no idea of the speed you are travelling at. 31 metres per second on the other hand is quite easy to comprehend - and gives you an idea of how truly fast it is - i.e. a large space covered in a very short time.