Family of smart motorway victim sues National Highways

The family of a wise motorway sufferer is suing Nationwide Highways after police made up our minds in opposition to urgent company manslaughter fees.

Solicitors working for the circle of relatives of Nargis Begum are actually seeking to identify through a civil case that the removal of the everlasting hard shoulder contributed to her demise.

The SIXTY TWO-year-vintage died on a stretch of smart motorway at the M1 in South Yorkshire, close to Woodall Services And Products, in September 2018.

Sensible motorways are stretches where the arduous shoulder is transformed into a “reside lane” to allow more visitors to drift.

The move comes after South Yorkshire Police confirmed on Tuesday that National Highways, which was up to now called Highways England, won’t face corporate manslaughter charges over Mrs Begum’s dying and a second deadly crash on a sensible motorway that killed two men.

The police research got here after a coroner concluded that sensible motorways “provide an ongoing possibility of long term deaths” following an inquest into the deaths of Jason Mercer, 44, and Alexandru Murgeanu, 22.

Sensible motorways, comparable to this one at the M3 in Surrey, are stretches the place the laborious shoulder is converted right into a ‘reside lane’ to allow extra visitors to go with the flow Credit: Steve Parsons/PA

Both men died in 2019 on a unique stretch of the M1 to Mrs Begum after being hit by way of a lorry after pulling over into a reside lane to switch details after a collision.

Nicola Mundy, a Doncaster coroner, then referred Nationwide Highways to the Crown Prosecution Carrier to think about if company manslaughter fees have been appropriate in relation to the dying of Ms Begum, a grandmother.

No Longer answerable for the offence of corporate manslaughter

On Tuesday, South Yorkshire Police mentioned the evidence did not meet the edge for launching a corporate manslaughter case.

Sarah Poolman, brief Assistant Leader Constable, said: “Having thought to be the CPS recommendation, we have concluded that during the circumstances, Highways England can’t be held chargeable for the offence of company manslaughter.”

Following the decision, Irwin Mitchell, the regulation company representing Mrs Begum’s circle of relatives, said they might be continuing with a civil action, that’s additionally calling for good motorways to be scrapped.

The company could also be representing Jason Mercer’s widow Claire, who has launched a judicial evaluation in opposition to good motorways. 

Helen Smith, a consultant good motorways legal professional at Irwin Mitchell, said: “Claire and Nargis’s family besides as many others continue to have serious concerns approximately sensible motorways and their protection.”

Following the verdict via the police, Nick Harris, chief govt of Nationwide Highways, stated: “We participated fully in the police research and we will be able to continue to fully take part with the Coroner’s investigation.”

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