A coroner has issued an alert to National Highways warning that unless action is taken there will be more deaths on smart motorways and demanding the agency respond within 56 days.
The warning follows the death of Kevin O’Reilly, 58, from Coventry, who sustained fatal injuries after a lorry ploughed into his car, which had stopped after running out of fuel on a stretch of the smart motorway where there was no hard shoulder.
O’Reilly’s vehicle was struck at 5:51am on June 29, 2023, near to junction 12 in Staffordshire. He died from a catastrophic brain bleed, seven months later.
Area coroner for Staffordshire, Emma Serrano, heard that the only emergency refuge areas on that section of the smart motorway were spaced 1.6 miles apart.
In a prevention of future deaths warning, the coroner said: “In my opinion action should be taken to prevent future deaths and I believe you have the power to take such action.”
“This type of motorway has all lanes open for vehicles to use, and areas for vehicles to stop every 1.6 miles, but not areas in between.
“It was accepted that there was no area for vehicles to stop should they need to, unless they were near to the refuge areas spaced 1.6 miles apart, and the all lanes open motorways were not monitored.”
The coroner added: “During the course of the inquest the evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken.”
She added: “Your response must contain details of action taken or proposed to be taken, setting out the timetable for action. Otherwise you must explain why no action is proposed.”
National Highways has 56 days to reply to the coroner.
At least 80 people have been killed on smart motorways since they were introduced in 2010.
In the past five years, eight coroners have called for them to be made safer.
In April 2023, the Conservative government paused 11 schemes from the second road investment strategy and abandoned three more earmarked for construction during the third road investment strategy.
The government said at the time it wanted time to “track public confidence in smart motorways over a longer period.”
In response to the coroner’s alert, National Highways said: “Every death on our roads is one too many and our thoughts remain with the family and friends of Mr O’Reilly.
‘We will review the Coroner’s comments and respond within 56 days as requested.”
