A witness in the trial for a fatal accident on the Outer Ring Road in 2011 says he became concerned about the safety of the group just prior to the incident.

Joseph English, an engineer with the Department of Transportation and Works, was killed after being struck by an SUV while he was inspecting asphalt in July 2011.

Two other men, a sales representative with Irving Oil and a city worker, were injured in the collision.

The Department of Transportation and Works and the City of St. John's are on trial for violating safety regulations. Both have pleaded not guilty.

Hubert Fortier, a chemist with Irving Oil, the makers of the asphalt, was at the scene of the accident.

He said he was in a group on the east bound side of the divided highway, while another group of five had gone over to the curb side of the passing lane.

Fortier said he became concerned about safety when he realized there were now two separate groups of men on either side of the road, and it could be distracting to drivers.

According to Fortier, the pavement was damp, and vehicles had started slowing down abruptly.

Fortier said he noticed an SUV headed in the group's direction was fish tailing, when its wheels seemed to grab the pavement and smash into three men on the curb side of the passing lane.

He said English was obviously badly injured by the collision, and blood had started pooling under his head.

English died at the scene of the accident.

Fortier said there was no prior discussion about safety procedures.

In May 2014, Irving Oil pleaded guilty to violating safety regulations for not providing its employee with proper safety instruction and clothing.