Smart Motorways

LAWYERS CALL FOR BAN ON SMART MOTORWAYS AFTER SPATE OF FATAL ACCIDENTS

Lawyers are working on a High Court legal challenge calling for Smart motorways to be scrapped after two men were knocked down and killed at the roadside by an HGV.

Solicitors at Irwin Mitchell said the safety of the all lanes running (ALR) initiative had been called into question several times and the number of deaths on these routes across the country was now “a major cause for concern".

ALR is one of a suite of tools transport chiefs have been using to control traffic and ease congestion on motorways, along with variable speed limits and dynamic hard shoulder running.

But following five deaths in 10 months on 16 miles of the M1 in South Yorkshire where ALR is present, pressure is growing on the government to review the strategy.

Jason Mercer was killed by a lorry near junction 34 of the M1 shortly after he had been involved in a minor collision with Alexandru Murgreanu in June 2019.

Both men pulled over as far as they could to exchange details but after they left their vehicles an HGV collided with the pair and they were pronounced dead at the scene.

Mercer’s wife Claire has now instructed Irwin Mitchell to investigate bringing a legal case against Highways England, calling for the use of smart motorways to be halted.

Helen Smith, solicitor at Irwin Mitchell, said: “The transport select committee has previously published a report warning that the government should not go ahead with all lane running motorways because they posed a dangerous risk to drivers and emergency services.

“Through our initial investigations and the increasing amount of families which have been torn apart because of fatalities on smart motorways, it is clear that a full and urgent review of their use needs to be completed.”

Meanwhile, Mercer’s MP Sarah Champion led a Parliamentary debate challenging the government to improve safety on Smart motorways, or face the prospect of more deaths.

She said: “There is no evidence that shows me that ALR can ever be delivered safely. I therefore strongly believe the government must stop the rollout with immediate effect.”

Responding on behalf of the government, George Freeman MP said he accepted there were issues and suggested that it might create a task force to listen to concerns.

Champion added: “This is simply not good enough. People are dying. This was predicted.

“The government was warned of the consequences before the rollout even began. How many more needless deaths will there be before safety is put ahead of the bottom line?”

A Highways England spokeswoman said: “The transport secretary has asked the department for transport to carry out, at pace, an evidence stocktake to gather the facts about smart motorway safety.

“We are committed to safety and are supporting the department in its work on this.”

By Chris Tindall (MT)

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In my humble this is the wrong case to be put forward to attempt to stop the rollout in its current form, though i have every sympathy with the bereaved involved i wonder if this case is being ‘encouraged’ as more easily defended by the state.

Unless our vehicle(s) were rendered undriveable following a collision i doubt there’s anyone here would stop on a live lane to exchange details, but then we don’t know and never will if there was some forced stopping involved here by one or other party of the two unfortunate people involved, with the other person fearing being prosecuted for failing to stop or feeling under some form of duress if they carried on for possibly several miles before a suitable stopping place presented itself.

What i can’t understand is why in sections that are currently being built, someone at the top of the govt dept responsible hasn’t instructed that where possible refuges will be provided every half a mile, and all refuges should be lit and with easily distinguished countdown markers to each refuge to allow those who’s vehicles are still rolling and steerable to be able to reach somewhere rather safer than an unlit section in a live lane, blindingly obvious now is the time to do this or would that be seen as an admission of some sort that the current refuge situation on these roads is a negligent farce.

When they first started talking about using hard shoulders as live lanes I thought it was madness, road widening on the cheap.
I haven’t changed my mind to be honest.
Yes I know most duel carriageways don’t have hard shoulders so what’s the difference■■? I don’t know, but I just think because dc’s are dangerous places to break down why make motorways as dangerous?
Make dc’s safer, not motorways more dangerous [emoji848]

Here we go again. Blame the system for the shortcomings of the idiots that cause the incidents.

It’s been mentioned before. Dual carriageways do not have a hard shoulder. Neither do single carriage roads, which can have dips, blind corners, unsighted junctions, and close, oncoming traffic…

If a driver can not drive on a three or four lane wide road, with all traffic going in the same direction, without keeping enough distance and attention to the traffic ahead, than that driver should be held fully responsible.

This does not mean that the current set up of ALR motorway stretches is without its problems, but stop blaming the system for the in capability or blunt negligence of the driver…

Just to add, having a minor collision where both vehicles are still drivable then stopping in a live lane instead of going to the next refuge area is pretty stupid so as sad as the deaths are I concede they did have to take some responsibility for their actions.
Nevertheless, R.I.P to the deceased [emoji17]

People were killed in that specific case, all horrific, unfortunate, and all the rest of it, but let’s face it…
It wasn’t the smart motorway scenario reason that specifically killed them, it was the stupidity of…
A. The first one that stopped to exchange details.
and
B.The same with the second one who was also stupid enough to pull up behind him. :unamused:
They both paid for said stupidity with their lives.

So, how many hours of continuous normal running non events are there, compared to the hours taken to kill those 5 people in those 10 months, and were the cases of the other 3 out of that 5, a similar cause of their deaths?

Ok, It’s a sensitive subject, people have lost their lives, but lets keep things in perspective.ffs.

You have to adapt on an all lane running m.way, and be alert for the unexpected, so unfortunately instead of ramming home education by media and tv for example, and telling those who are a bit thick how to conduct themselves on smart m.ways, they are planning to legislate for idiocy.

Another thing, those clowns who refuse to use an inside lane, should be nicked for it, especially those driving a truck…as said, they wouldn’t constantly hog the outside lane of a two or 3 lane high speed d/carriageway, so why do they think it’s acceptable on a smart m.way stretch? :unamused:

nomiS36:
I just think because dc’s are dangerous places to break down why make motorways as dangerous?
Make dc’s safer, not motorways more dangerous [emoji848]

nomiS36:
road widening on the cheap.

Sums it up nicely.

Stopping to exchange details in a live lane, We see this day in day out… They wouldn’t have been in a live lane, if some dopey Minister, hadn’t decided to make the hard shoulder a live lane…

Also I see the deceased family are using the top Ambulance chasing lawyers in the country, So if they’ve taken the case, they can smell money.

I will not use the nearside lane on these motorways, I feel I have to do everything I can to ensure both I and those around me are safe and I will continue to do so. It is due diligence on my part, I have done a risk assessment and have arrived at the conclusion that it is safer not to use the nearside lane on these motorways…To ignore that is negligence in my opinion.

robroy:
People were killed in that specific case, all horrific, unfortunate, and all the rest of it, but let’s face it…
It wasn’t the smart motorway scenario reason that specifically killed them, it was the stupidity of…
A. The first one that stopped to exchange details.
and
B.The same with the second one who was also stupid enough to pull up behind him. :unamused:
They both paid for said stupidity with their lives.

So, how many hours of continuous normal running non events are there, compared to the hours taken to kill those 5 people in those 10 months, and were the cases of the other 3 out of that 5, a similar cause of their deaths?

Ok, It’s a sensitive subject, people have lost their lives, but lets keep things in perspective.ffs.

You have to adapt on an all lane running m.way, and be alert for the unexpected, so unfortunately instead of ramming home education by media and tv for example, and telling those who are a bit thick how to conduct themselves on smart m.ways, they are planning to legislate for idiocy.

Another thing, those clowns who refuse to use an inside lane, should be nicked for it, especially those driving a truck…as said, they wouldn’t constantly hog the outside lane of a two or 3 lane high speed d/carriageway, so why do they think it’s acceptable on a smart m.way stretch? :unamused:

I agree rob is spot on here. It’s a tragedy that people have lost lives but what were they thinking exchanging details in that place.

I’ve said it before why don’t we also close one lane or build a hard shoulder all the way down the A34, A1, A19, A38, dual part of the A5, etc etc. Breakdown on any of those fast trunk roads and your in a live lane with traffic running at in excess of 70mph and 44 tons running at 56mph. I don’t really see how it’s any less safe than a smart motorway.

On the other hand sometimes all a 4 lane motorway actually means is that rather than lorries overtaking each other with half a mile and hour difference for mile and miles giving cars only lane 3 to get past, lorries now sit blocking 3 lanes at half a mile an hour difference to each other for miles and miles leaving cars only 1 out of 4 lanes to get past :unamused:

Tude:
I will not use the nearside lane on these motorways, I feel I have to do everything I can to ensure both I and those around me are safe and I will continue to do so. It is due diligence on my part, I have done a risk assessment and have arrived at the conclusion that it is safer not to use the nearside lane on these motorways…To ignore that is negligence in my opinion.

Way to go tiger.

Tude:
I will not use the nearside lane on these motorways, I feel I have to do everything I can to ensure both I and those around me are safe and I will continue to do so. It is due diligence on my part, I have done a risk assessment and have arrived at the conclusion that it is safer not to use the nearside lane on these motorways…To ignore that is negligence in my opinion.

Sorry mate, no offence, but you’re talking complete misguided cack. :unamused:
Firstly it ain’t your job to take it on yourself to Marshall the motorway, it’s the job of the Police.

Secondly, you’re doing this by contravening two of the basic rules of the road…keep left unless overtaking,.and adhere to lane discipline when at all possible. :bulb:

Have another look at your ‘risk asessment’ and leave everybody else to look after themselves, whilst you do it in the proper way…ie. adapt alertly, and react defensively to the conditions of the road, legally and (extra) safely in those smart m.way scenarios…it does work, as proven by us who do it. :bulb:

^^^ yeah, I was gonna post something similar but got bored.

Whenever I see hazard lights ahead even if it looks likely to be in a refuge area I still move to lane 2 to go past just in case. Reason I do this is because once I saw hazards but also saw the vehicle was in the refuge area. As I got close I could see they hadn’t actually made it all the way in and the back of the vehicle was just still out in the lane.

But your just lane hogging and causing everyone more frustration, problems, and distrusting the flow of traffic by cashing people to change lanes unnecessarily around you if you do what you say.

Rowley010:
Whenever I see hazard lights ahead even if it looks likely to be in a refuge area I still move to lane 2 to go past just in case. Reason I do this is because once I saw hazards but also saw the vehicle was in the refuge area. As I got close I could see they hadn’t actually made it all the way in and the back of the vehicle was just still out in the lane.

But your just lane hogging and causing everyone more frustration, problems, and distrusting the flow of traffic by cashing people to change lanes unnecessarily around you if you do what you say.

TROLL BACK IN THE HOUSE

the maoster:
^^^ yeah, I was gonna post something similar but got bored.

Exactly

Some people saying it was not the fault of the smart motorway system, but if there had been a hard shoulder they most probably wouldn’t have been killed. What if a car can’t be driven to a refuge area ,what then?

i think someone else posted earlier about a study that had worked out it was an average of 17 mins before someone creamed and killled you.

oldmac:
Some people saying it was not the fault of the smart motorway system, but if there had been a hard shoulder they most probably wouldn’t have been killed. What if a car can’t be driven to a refuge area ,what then?

I get your point, but that’s a bit like saying if there was no roads there would be no road accidents.
I know the smart m.way situation ain’t 100% ideal, but as I keep saying…you adapt and react to it, and defensively. :bulb:
A pro driver in a truck should be doing this more so than a car driver, and be more aware of the situation.cc. :bulb:

If it was me in a car, I’d be doing my utmost to get it up on to the verge at least, and get tf out of there with my passengers asap.

My daughters have been instructed by me, to have a get out plan if it happens to them with their kids strapped in the back, where she does one list of things in order, and her (their) partner do theirs, like a set routine.

oldmac:
Some people saying it was not the fault of the smart motorway system, but if there had been a hard shoulder they most probably wouldn’t have been killed. What if a car can’t be driven to a refuge area ,what then?

This link has a link to the emergency call made by a dad who had his children in the car stuck on the hard shoulder on a smart motorway. Spoiler: they don’t make it to the end of the call. (But luckily no one killed) https://www.mirror.co.uk/news/uk-news/dads-terror-999-call-lorry-11882266