Source · Prevention of Future Deaths

Michael Henderson

Ref: 2019-0037A Date: 6 Mar 2019 Coroner: Kirsty Gomersal Area: Cumbria Responses identified: 2 / 1 View PDF

A road with unusual features, despite appropriate signage, facilitates excessive speeding and has a history of multiple fatal collisions. Traffic calming measures are needed to reduce future risks.

Date 6 Mar 2019

56-day deadline 19 Jul 2019 est.

Responses identified 2 of 1

Alcohol, drug and medication related deaths Road (Highways Safety) related deaths

Coroner's concerns

AI summary

A road with unusual features, despite appropriate signage, facilitates excessive speeding and has a history of multiple fatal collisions. Traffic calming measures are needed to reduce future risks.

View full coroner's concerns

The evidence revealed matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. During the course of the inquest, I read evidence from a police constable who attended the scene. He advised me that in his 24 years’ service, he was aware of a number of multiple fatal road traffic collisions on this road, mainly involving excess speed.

The Collision Investigator gave evidence in person. He has 22 years’ police service, the majority of which have been in the roads policing unit. He has been an expert collision investigator since 2011. The Collision Investigator advised me that the speed limit of 40 mph on New Road was appropriate and that relevant signage was appropriate.  He was also aware of a number of fatal and serious collisions on New Road. Mikey and Stephen were the third and fourth deaths of which he was personally aware.

The Collision Investigator advised me that it is feasible to considerably exceed the speed limit on New Road to 60 or 70 mph or even greater. He advised me that the road has a number of unusual features – it is very wide with embankments and woodland on each side. It is not in a built up area. This may give the impression (despite signage) that the speed limit is much greater than 40 mph. The road travels downhill towards Whitehaven and has a number of bends.

The Collision Investigator was concerned that there could be further future deaths on this road because of the speeds that can be attained. His considered opinion was that there were measures that could be taken to reinforce and encourage compliance with the speed limit.

I fully appreciate that speed was not the only factor in Mikey’s and Stephen’s deaths. I also appreciate that it is not possible to “force” drivers to adhere to the speed limit.  However, it may be that due to the unusual features of New Road that “traffic calming measures” may reduce the risk of future serious collisions and I recommend that that you give consideration to taking such action.

Responses

2 respondents

Cumbria County Council Local Authority / Fire Service

7 Jun 2019 PDF

Action Planned

Cumbria County Council will undertake a traffic speed survey and further investigations to determine if traffic calming measures are required on New Road. (AI summary)

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Dear Miss Gomersal

Re: Michael Andrew Henderson (Deceased) and Stephen Chamber (deceased) Inquest: 28/02/2019 at The Coroner's Court, Cockermouth

I am writing in response to your letter dated 14 March 2019 to which was attached a copy of the Regulation 28 letter regarding the above inquest. Please accept my sincere apologies for delay in sending you this response.

The recommendations stated in the Regulation 28 letter that “traffic calming measures” on New Road may reduce the risk of future serious collisions were discussed and considered at the Casualty Reduction and Safer Highways Group (CRASH) on Tuesday 14 May where it was agreed that a traffic speed survey be undertaken along with further investigations to determine what, if any, measures are required.

The CRASH group consists of the County Council, (Highway Authority), Cumbria Constabulary and other interested parties, some of whom will have attended past collisions on this road and will have experience of travelling on this road.

Cumbria County Council2 Local Authority / Fire Service

22 Aug 2019 PDF

Action Planned

Cumbria County Council plans to replace lighting columns and enhance the gateway on New Road as part of a major development project, aiming to positively impact driver behavior. (AI summary)

View full response

Dear Ms Gomersal

An item was raised at the Casualty Reduction and Safer Highways (CRASH) partnership group meeting on May 14th 2019 following the Regulation 28 Report submitted to Cumbria County Council resulting from the fatal collision on New Road, Whitehaven on 1 May 2018. The CRASH group actioned that all available collision and traffic data be collated and that Cumbria Constabulary’s Collision Reduction Officer and Cumbria County Council’s Traffic Management Officer for the area meet to discuss all records and conduct a site visit to consider options.

The collision data gathered covered a period between 2009 and 2019 highlighting 17 collisions – 14 of which were slight, 2 serious and 1 fatal. The causation factors that were listed for the serious and fatal collisions were:

 One serious - tyres illegal, defective or under inflated, exceeding speed limit, impaired by alcohol.  One serious - exceeding speed limit, following too close, poor turn or manoeuvre, failed to look properly, swerved, loss of control.  One fatal - slippery road, tyres illegal, defective or under inflated, exceeding speed limit, loss of control.

In addition to the above, following the Collision Investigation being carried out for the fatal collision, it is apparent in this case that there were additional causation factors, most notably the driver being under the influence of alcohol and possibly drugs.

At the site visit, it was noted that the road is constructed to a high standard, acting as a key route into the town. Discussion took place considering the available engineering measures along the stretch of highway, concluding that there are very few traffic calming options that would effectively reduce driver speeds without having an adverse impact on traffic flow in and around Whitehaven. Given the overall compliance with the posted speed limit, and collision causation factors attributed to driver error, it is not recommended to pursue any direct traffic calming measures at this time.

It is worth noting however, that Cumbria County Council have a proposed scheme planned for implementation this financial year to replace the concrete lighting columns which currently sit at the edge of the footway (closest to the carriageway) with new modern installations to the rear.

Additionally, Cumbria County Council is about to start work improving the junction of Bransty Row and North Shore Road, Whitehaven as part of a major development project in the town. As part of these works, it is planned to significantly enhance the gateway on New Road and this should positively impact driver behaviour in this area.

Report sections

Investigation and inquest

On 21 May 2018, Ms Kally Cheema (Senior Coroner) commenced an investigation into the death of Michael Andrew HENDERSON to whom I shall refer as Mikey.

On 7 June 2018, Mr Robert Chapman (Assistant Coroner) commenced an investigation into the death of Stephen Brian CHAMBERS to whom I shall refer as Stephen.

The investigations into Mikey’s and Stephen’s deaths concluded at the end of their inquests on 28 February 2019.

The conclusion of Mikey’s inquest was Road Traffic Collision. The medical cause of death of Mikey’s death was multiple injuries inconsistent with life.

The conclusion of Stephen’s inquest was Road Traffic Collision. The medical cause of death of Stephen’s death was multiple injuries inconsistent with life.

Circumstances of the death

On 1 May 2018 at 21:30, Mikey was the driver of a car in which Stephen was the front seat passenger.  It was raining heavily. Mikey was driving in a southerly direction along the A5094 New Road towards Whitehaven. Mikey lost control of the vehicle at speed. The vehicle skidded sideways into a concrete lamp‐post. The force of the collision was such that the car was split in two horizontally. Both Mikey and Stephen were declared dead at the scene.

Mikey’s blood alcohol level was 166 mg per 100 ml of blood.

During the course of the inquest, I heard evidence from an experienced Collision Investigator with Cumbria Constabulary. The Collision Investigator could not tell exactly at what speed Mikey’s car had hit the lamppost. His opinion was that the car must have travelling greatly in excess of the speed limit of 40 mph. The Collision Investigator advised me that he had never seen a car damaged to the extent that Mikey’s car was damaged.

The Collision Investigator concluded the collision occurred as a result of, or a combination of, alcohol, excess speed and poorly maintained rear tyres. My findings of fact incorporated the Collision Investigator’s conclusions.

Copies sent to

I have also sent it to the following who may find it useful or of interestCumbria Constabulary (for the attention of )Cumbria Constabulary (for the attention of )I am also under a duty to send the Chief Coroner a copy of your responseMiss Kirsty J Gomersal Area Coroner County of Cumbria

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Report details

Reference: 2019-0037A
Date of report: 6 March 2019
Coroner: Kirsty Gomersal
Coroner area: Cumbria

Responses identified

Responses identified 2 of 1

All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 19 Jul 2019 (estimated).

Sent to

Cumbria County Council (Highways Department)

Source links

Judiciary.uk page → Report PDF →

Data: judiciary.uk under OGL.