Pensioners would not have died in smart motorway crash if there …
Pensioners would not have been killed in smart motorway crash if there had been a hard shoulder, coroner says
- Derek Jacobs, 83, died when his van was hit by a car on the M1 near Sheffield
- The passenger in the car that hit the van, Charles Scripps, died two months later
Published: 20:26, 5 April 2023 | Updated: 20:26, 5 April 2023
Two pensioners who were killed in a collision on a smart motorway[2] would not have died in the crash if there had been a hard shoulder, a coroner has said.
Derek Jacobs, 83, died when his van was hit by a car on the M1 near Sheffield in March 2019 after he had stopped in the live inside lane and got out of the vehicle following a tyre blow-out.
The front seat passenger in the Ford Ka that hit the van, Charles Scripps, 78, died in hospital two months after the collision.
The red car, being driven by Mr Scripps's wife Jean, was shown on dashcam footage flipping over in the carriageway and ending up on its side before it was hit by a coach.
Concluding that both men died as a result of a road traffic collision, assistant coroner Susan Evans told Chesterfield Coroner's Court: 'Smart motorways are hugely controversial because of the lack of any hard shoulder for motorists to use in times of need such as occurred here.
'It is immediately apparent that, had there been a hard shoulder, this incident would not have occurred because Mr Jacobs would have been able to pull off the live lane entirely.'
Derek Jacobs, 83, died when his van was hit by a car on the M1 near Sheffield in March 2019 after he had stopped in the live inside lane and got out of the vehicle following a tyre blow-out
Sally Jacobs whose husband Derek died on the smart motorway M1, previously said she would boycott his inquest because she thinks it will be a 'whitewash' and 'National Highways won't be held fully accountable'
Two pensioners who were killed in a collision on a smart motorway would not have died in the crash if there had been a hard shoulder, a coroner has said
But the coroner added: 'That said, there are many roads in the road network, including dual carriageway A-roads, that are subject to the national speed limit and do not have the benefit of any hard shoulder.'
She heard there was no evidence that Mrs Scripps took any action to avoid the collision, despite the fact Mr Jacobs had parked his van almost touching the crash barrier on the far left of the carriageway.
Miss Evans said: 'It is evident Mrs Scripps simply did not see the stationary van before she collided with it.
'For reasons we will never know, she appeared to have not been paying attention to the road.'
Giving evidence on Wednesday, collision investigator Sergeant Paul Moorcroft said: 'It is highly, highly unlikely this collision would have taken place had there been a hard shoulder.'
The inquest heard that Mr Jacobs's van was stationary in the live lane for three minutes and 34 seconds before it was hit by the Scripps' car.
Sgt Moorcroft said the retired engineer had pulled his van over so it was only protruding into the carriageway by about 65cm and the Ford could have passed it without going into the second lane.
He also told the inquest his analysis showed that retired teacher Mrs Scripps, who was 77 at time, had plenty of time to see the obstruction and many other drivers had taken avoiding action.
The officer said footage of the incident showed no signs of her steering or braking to avoid the collision.
Sgt Moorcroft said: 'My opinion is that distraction or a prolonged period of inattention by Mrs Scripps was the main causation factor in this collision.'
He told the inquest Mrs Scripps had not been interviewed due to her health and the inquest heard medical evidence that she was diagnosed with dementia six months after the crash.
But there was nothing in her medical notes at the time of the collision that suggested she should not be driving, the inquest heard.
Sgt Moorcroft said that Mr Jacobs, of Edgware, north London, stopped on the northbound carriageway just north of junction 30 on March 22 2019.
He said this was 500 metres short of the next emergency refuge and about a mile from Woodhall Services.
Sally Jacobs, 85, holds a picture of her husband Derek during a segment on ITV news
A look at one of the emergency refuge areas next to the hard shoulder on a smart motorway
The widow of Mr Jacobs, Sally Jacobs, previously said she would boycott the inquest because she thinks it will be a 'whitewash' and 'National Highways won't be held fully accountable'.
She previously told the Telegraph: 'I wanted National Highways to be taken to task for removing the safety of the hard shoulder which meant my husband had nowhere safe to go.'
She said last week: 'Derek would be alive today if there had been a hard shoulder. It's that simple. He did everything National Highways says you should do in those circumstances; he pulled the van as far over as he could and was trying to get over the barrier before the other car hit.
In the inquest today, Simon Boyle, regional director for National Highways in Yorkshire and the North East, said the area is now covered by technology to detect stationary vehicles.
He said the technology was not installed on this stretch of the M1 at the time of the collision.
Asked if it would have made a difference, he added that he could not say whether Mrs Scripps would have seen the signs which would have been deployed warning of an obstruction, or if she would have acted accordingly.
Mr Boyle admitted there had been 'human error' in the control room after a member of the public reported the stationary van 44 seconds after it stopped.
He said this meant warning signs were not deployed until eight minutes after the call.
He said the aim is for deployment within three minutes and the average in his region was two minutes and 15 seconds.
Mr Boyle said: 'I don't believe you can fully eradicate human error. Unfortunately, humans are operating and mistakes are going to be made.'
The coroner said in her conclusion: 'Certain parts of the response to this particular incident by National Highways was slow, much slower than expected, and I heard that this was due to human error.
'A report was actually made by a member of the public extremely quickly and initially acted upon quickly to dispatch a traffic patrol.
'Unfortunately, however there was a significant delay in progressing the next step which was to activate signs and speed restrictions.
'I have considered whether this delay may have contributed to the deaths of Mr Jacobs and Mr Scripps but there is no evidence that it did so.'
Jason Mercer (left, with his wife Claire), 44, and Alexandru Murgeanu (right), 22, died when a lorry ploughed into their stationary vehicles on the M1 near Sheffield on June 7, 2019
Eight-year-old Dev Naran (left) was killed on the M6 in Birmingham in 2018 after his family's car became stranded on a hard shoulder being used as a live lane. Nargis Begum, 62, (right) died after her broken down car was hit on the M1 in South Yorkshire in 2018
Retired maintenance manager Mr Scripps had multiple injuries and died in May 2019 after being transferred from a hospital in Sheffield to one nearer his home in Northampton.
The collision is one of three on a 10-mile stretch of the M1 near Sheffield which have been highlighted by campaigners who want smart motorways stopped and hard shoulders restored.
Jason Mercer and Alexandru Murgeanu died in June 2019 when they were hit by a lorry on the M1 near junction 34 after they stopped on the inside lane of the smart motorway section after a minor collision.
Sheffield coroner David Urpeth decided that Mr Mercer and Mr Murgeanu were unlawfully killed, and said: 'I find, as a finding of fact, it is clear a lack of hard shoulder contributed to this tragedy.'
In 2018, mother-of-five Nargis Begum died after she got out of the passenger side of a car on the M1 north of Woodhall Services and it was hit by a Mercedes.
Speaking outside court, Mr Mercer's wife, Claire, who has spearheaded the campaign against smart motorways, said: 'We had something before that was infallible.
The hard shoulder was just always there and didn't make mistakes and we've replaced it with something that isn't always there and does make mistakes.
'And that was a conscious decision. They have designed danger into a smart motorway.
'This is the third inquest for a total of five people now, all within a very short stretch of motorway, all very similar in occurrence. And this is just the ones we know about.
'It keeps happened all around the country and nothing is changing.'
Mrs Mercer said Mr Jacobs's wife Susan decided not to come to the inquest as she felt National Highways would not be held to account.
National Highways chief executive Nick Harris said: 'Our deepest sympathies remain with the families of Mr Jacobs and Mr Scripps, and all those affected by this tragic incident.
'It is vitally important to learn lessons from every road traffic collision and we will continue to build on the work and safety improvements already under way, taking all the necessary steps to help drivers and passengers feel and be safe.'
Last month, Prime Minister Rishi Sunak faced renewed calls to scrap 'death trap' smart motorways.
Labour MP Sarah Champion highlighted figures suggesting 79 people have been killed on such roads.
Awful toll of roads where drivers who break down have no escape
NARGIS BEGUM
The grandmother, 62, died after her broken down car was hit on the M1 in South Yorkshire in 2018.
Mrs Begum was being driven by husband Mohammed Bashir, 67.
They left their Nissan Qashqai to wait for help but another car hit the vehicle, sending it into her.
A pre-inquest review hearing in December was told that warning signs on the motorway had not been activated in time to stop drivers entering the lane where the couple had broken down.
A coroner is considering referring Highways England to the Crown Prosecution Service in what would be a landmark case.
DEV NARAN
The eight-year-old was killed on the M6 in Birmingham in 2018 after his family's car became stranded on a hard shoulder being used as a live lane.
At the inquest into the youngster's death, coroner Emma Brown expressed concerns about the 'risk to life from the loss of the hard shoulder'.
After the inquest his mother Meera, from Leicester, said that without changes, she believes smart motorways 'still continue to pose threats to lives on a daily basis'.
SEVIM AND AYSE USTUN
Sevim Ustun, 49, and mother-in-law Ayse Ustun, 68, died after their family car broke down on the M25 in Essex in 2018 and was struck by a lorry.
Overhead gantry signs did not close the lane or warn of a broken down vehicle. A ten-year-old girl also suffered life-changing injuries. Police were urged to prosecute Highways England for corporate manslaughter.
DEREK JACOBS
The retired engineer, 83, was killed after pulling up when his car had tyre problems on the M1 in north Derbyshire in 2019.
His Volkswagen Crafter van came to a halt in the first lane of the motorway, formerly the hard shoulder.
It was hit by a Ford Ka, which was then struck by a coach.
His widow Sally said: 'If there had been a hard shoulder, my husband would still be alive.'
References
- ^ Christian Oliver (www.dailymail.co.uk)
- ^ smart motorway (www.dailymail.co.uk)