A Letter from smartmotorwayskill.co.uk to Essex Police in response to their hesitance to take action in deaths described by a judge as [wouldn’t have happened if it hadn’t been on a smart motorways] if you feel strongly about this too then please also write to them (Essex Police, Operational Command, Holts Lane. Waltham Road. Boreham, Chelmsford. Essex CM3 3BG)
click here for pdf of letter-> https://smartmotorwayskill.co.uk/wp-content/uploads/2020/05/Essex-police-letter-100520.pdf
Sunday, 10 May 2020
Dear Mr Pipe,
My name is Claire Mercer and I represent smartmotorwayskill.co.uk. The campaign came
about because my husband Jason Mercer was killed on a section of the M1 designated a smart
motorway. When I resurfaced after the initial shock I was amazed to find out about these
motorways, I had never heard of them, let alone the complexity of the rules for driving on them.
Further research uncovered there had been at least five deaths in less than two years on just the
section of road my husband was killed on.
Through my campaign I am in touch with Mike Rawson who has been in contact with you about
19th
the devastating deaths of the Turkish family on March
2018. He has raised with you the
Judge’s remarks relating to his statement, “I accept that if there had been a hard shoulder or a
refuge into which Mr Ustun could have steered, that collision would have not have occurred”. I am
aware that the Judge added “However it is not for this court to make any judgements or
observations on the wisdom of smart motorways or the strength of safety barriers”, I can only ask
well whose judgement is it under? Because various offices do not feel it fits their remit, does that
mean the problem is just left? to keep on killing and maiming?
The family followed the “advice” given by Highways England to leave the vehicle and regroup
behind the safety barrier all to no avail, this barrier gave them no protection and a family were
devasted and left caring for a child with lifechanging injuries.
I also note that the coroner who reviewed the case said that the family have not sought a
resumption of the inquests, have the family even been told their rights? Particularly as there may
be possible language problems. I am in contact with the Romanian relatives of the victim who was
also killed in the accident with my husband and their experience of the police procedures was
entirely different to mine possibly due to the language barriers.
I see you refer to the 18 point plan conjured up by Highways England, however I have no faith in
this whitewash and note that during lockdown the new smart motorways have surged ahead and
huge contracts awarded, despite the concerns about them.
I can only endorse Mike Rawson’s call for a prosecution of Highways England is the only way our
concerns can be addressed, guidance from the CPS on a corporate manslaughter describes this
offence as “a gross breach of the relevant duty of care” I can not think of a better summary of
“smart motorways” we need Essex Police to be where the buck stops, be the ones to decide that
the ‘someone that needs to do something’ is them, so there are no more lives are wasted, no more
traumatised lorry drivers, traffic officers and ambulance workers.
Regards
Claire Mercer
On behalf of Smart Motorways Kill
Email: info@smartmotorwayskill.co.uk

0.5
Three days a week I travel on the same section of the m1 motorway in Rotherham where Jason mercer lost his life. In fact I had travelled on it just 20 minutes before. It amazes me how anyone cannot see how dangerous the smart motorways are! It’s shocking to see how some drivers do not understand or follow the rules of any motorway let alone smart motorways. Jason and the young Romanian man died through no fault of thier own and the lorry driver who accidentally hit them will never get over it! Why oh why can’t the government and Highway people not see smart motorways should be scrapped before more lives are lost. Thoughts are with Claire Mercer the young man’s family the lorry driver and all families and friends affected by people lost in this way may they all rest in peace and our voices be heard. Please Please listen.
Thank you Carole, a very considerate comment, I agree wholeheartedly with all of it. Thanks Claire
My family had a very serious accident on the so-called ‘smart motorway’ M1 J28 to J29 on 24th May 2020. My wife and 4 children are lucky to be alive, after being ‘taken out’ by an articulated lorry. Lorry driver being prosecuted for undue care and attention by Nottingham Constabulary. It is Highway’s England that should also be prosecuted for culpability and complacency in the way peoples lives are being put at risk every minute of every day the ‘smart motorway’ is left open. They are a death trap, nothing more nothing less. My family’s car was crushed by the truck that dragged our car 20 car lengths down the motorway. The emergency services; Police, Fire brigade, and Ambulance services were absolutely amazing and ALL said how they could not believe my family were still alive, considering the severe damage caused to our car. Everyone said it is a miracle that they survived.
The accident should NEVER have happened, had there been a hard shoulder, Highways England are playing with innocent people’s and families lives.
Smart motorways need to be scrapped, and those responsible for introducing the death trap motorways held accountable.