Recent Developments and Ongoing Concerns Over Smart Motorways

The safety and efficacy of smart motorways in England have come under intense scrutiny, with the RAC and other safety advocates calling for significant changes or the halting of any further expansion of these roadways.

Simon Williams, the RAC head of policy, has urged the government to either convert existing all-lane-running (ALR) smart motorways into "dynamic" ones, where the hard shoulder is only opened during busy periods, or to reintroduce a permanent hard shoulder. ALR smart motorways, which lack a dedicated hard shoulder, have been criticised for their safety record, as the existing safety lane is converted into an additional running lane to increase traffic capacity.

Technological Failures and Safety Concerns

The technology underpinning England’s smart motorway network has been found to stop working regularly. Figures obtained by Panorama reveal hundreds of incidents where crucial safety equipment, such as radar and cameras designed to spot broken-down vehicles, failed to operate. These systems are intended to detect stranded vehicles and trigger warning signs to close affected lanes, but frequent outages diminishes their effectiveness.

To address some of these safety concerns, over 50 new emergency bays are being installed along several smart motorways, including the M1 in Derbyshire, Nottinghamshire, Leicestershire, and Northamptonshire, as well as the M5 in Worcestershire. Each refuge area will be 100 metres long and spaced between 0.75 to 1 mile apart. However, campaigners argue that these measures are insufficient to enhance safety. The construction of these refuge sites is expected to continue into spring 2025.

Alarming Incident Statistics

Recent reports highlight the heightened risks associated with smart motorways. A National Highways report from December 2023 found that it is three times more dangerous to break down on a smart motorway compared to a conventional one. Additionally, data obtained through Freedom of Information requests by Panorama show that between June 2022 and February 2024, there were 392 incidents where motorway technology lost power, hindering the detection of broken-down vehicles. These power outages sometimes lasted for days, further exacerbating the risk to motorists.

Since the introduction of smart motorways in 2010, at least 79 people have been killed on these roads, underscoring the severe consequences of their perceived safety shortcomings.

Coroners' Recommendations and Criticisms

Over the past five years, seven coroners have called for enhanced safety measures on smart motorways. In 2021, a coroner in Sheffield concluded that the absence of a hard shoulder on the M1 in South Yorkshire contributed to the deaths of two men. David Urpeth, the Sheffield coroner, stated that smart motorways, which permit driving on the hard shoulder, pose an ongoing risk of future fatalities.

The Looming Problem

One of the critical safety issues with smart motorways is the problem of "looming," the difficulty drivers have in perceiving the rate of closure to a stationary vehicle ahead of them. On smart motorways, where there is no hard shoulder, stranded vehicles remain in the path of oncoming traffic. Approaching drivers must be highly vigilant, and some may not realise that the vehicle in front is stationary until it is too late, increasing the risk and severity of collisions.

Impact on civil claims

Statistics show that there are accidents that perhaps wouldn’t have occurred away from smart motorways if a hard shoulder had been available. In simple terms this ultimately means an increase in claims frequency. More importantly, the statistics show that an accident on a smart motorway is more likely to result in a serious injury or even death.

Whilst issues have been raised at numerous Inquests there has been a failure to charge or prosecute National Highways. The CPS considered and rejected grounds for a case of corporate manslaughter in one accident arising from a smart motorway accident because it was not deemed that National Highways owed a duty of care to road users.

In terms of any civil claims, a party involved in an accident on a smart motorway would have to prove fault on the part of National Highways. In order to be successful, it would be necessary to establish that National Highways owed a duty of care and that this duty was breached. Whilst there is a considered point, much like from a criminal perspective, as to whether National Highways owes a road user a duty of care, it is difficult but not impossible to envisage establishing legal causation i.e. that an accident occurred due to an absence of a hard shoulder rather than because of negligent driver.

A point of distinction may be where there is a failure of signals to notify drivers of obstructions in the road. It is arguable that National Highways is under a duty to maintain a system whereby motorists are notified of vehicles which have broken down ahead. If this system is faulty then it could be argued that there was a breach of that more limited duty.

At the present time there are no known cases which have gone before the courts whereby some contribution or fault was attributed to the National Highways.

Conclusion

The debate over the safety of smart motorways continues to intensify, with mounting evidence suggesting ongoing significant risks and technological failings. The RAC's call to reintroduce hard shoulders or converting smart motorways to dynamic use, highlights the need for urgent government action. As new safety measures, like emergency bays, are implemented, ongoing scrutiny and adjustments will be crucial to ensuring the safety of all road users.

UK motor insurers will appreciate that claims associated with smart motorways frequently feature drivers having broken down in live lanes of traffic and also drivers who prior to a collision haven’t been notified of hazards ahead due to technological failures. Clyde and Co’s Head of Motor Crime, Kate Hargan, recommends mandatory awareness training for professional drivers on the hazards associated with smart motorways. Specifically, CPC training and corporate professional driver training modules should include training on the specific dangers associated with smart motorways to ensure the associated risks are properly understood and drivers are able to adapt their driving accordingly.