National Highways has been told by a coroner to review its smart motorwaysafter a driver was killed by a lorry when his car broke down on a stretch of road without a hard shoulder.
Emma Serrano, the area coroner for Staffordshire, said more drivers are at risk of death on smart motorways because there is nowhere for vehicles to stop on controversial smart motorways and because the “all lanes open motorways were not monitored”.
Her warning came after the death of Kevin O’Reilly, a 58-year-old father of one.
O’Reilly, from Coventry, was driving his Mitsubishi towards Junction 12 on the M6 northbound in the West Midlands on June 29 2023 when he ran out of petrol, but had nowhere to stop.
He was on an “all-lanes-open” smart motorway – meaning there is no hard shoulder and the only “refuge areas” are spaced out every 1.6 miles. His car came to a halt in the third lane and was hit by a heavy goods vehicle.
O’Reilly died on Feb 6 2024 after being diagnosed with sepsis, pneumonia and a bleed on the brain.
Ms Serrano has called on National Highways to conduct a review of their smart motorways.
It follows years of criticism from high-profile motoring organisations about the dangers of smart motorways.
The roads were introduced in 2014 to ease congestion without spending money on widening roads. They do not have a hard shoulder for drivers in difficulty, instead relying on technology to respond to breakdowns and control traffic flow.
A National Highways report found that smart motorways are three times more lethal to break down on than those with a hard shoulder.
Hard shoulders safer than being ‘stranded’ in traffic
Edmund King, the president of the AA, called for smart motorways to be scrapped in 2023, describing drivers who break down in live lanes as “sitting ducks”.
Simon Williams, the head of policy at the RAC, last year called on the Government to reintroduce a hard shoulder permanently, or only open the lane to traffic during busy periods.
He said hard shoulders are “far safer” than being “stranded” in a live lane of traffic.
The stretch of motorway where O’Reilly’s collision happened became a smart motorway in February 2016, but across England, there are 396 miles of smart motorway in total.
In her Prevention of Future Deaths report, Ms Serrano said: “It was accepted that there was no area for vehicles to stop should they need to, unless they were near to the refuse areas spaced 1.6 miles apart, and the all-lanes-open motorways were not monitored.”
The coroner continued: “The collision caused a traumatic brain injury.
“From June 29 until he passed away he was being treated for the brain injury in many hospitals and rehabilitation facilities.”
Ms Serrano told National Highways: “In my opinion action should be taken to prevent future deaths and I believe you have the power to take such action.”
The organisation must respond to the coroner’s report by April 14.
A spokesman for 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.”
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