Exclusive

Coroners write to National Highways over smart motorway fears as agency spends £500k on legal fees

28 November 2023, 08:19 | Updated: 28 November 2023, 09:54

National Highways has been contacted by coroners over smart motorways
National Highways has been contacted by coroners over smart motorways. Picture: Alamy
Henry Riley

By Henry Riley

Coroners have written to National Highways to express concerns following the verdict of inquests relating to the multiple fatalities on smart motorways.

Listen to this article

Loading audio...

The public body charged with operating, maintaining and improving motorways is under increasing scrutiny after figures obtained by LBC showed it has spent over half a million pounds on legal costs on eleven inquests.

Eight coroners from across the country have issued a "Regulation 28 Report to Prevent Future Deaths" directly to National Highways following inquests since 2018 where a motorist or passenger has been killed on a smart motorway.

The campaign group Smart Motorways Kill estimated there have been over 100 deaths linked to smart motorways since 2016, with its founder Claire Mercer saying "many more" have been injured.

Conservative MP Karl McCartney, who sits on the Transport Select Committee, told LBC "the figures are worrying", adding: "National Highways need to attend coroners' inquests and make their case, but their case has been built on a false premise for many years."

LBC can also reveal that the agency, tasked with the implementation and regulation of "smart motorways', has spent £525,549.25 on legal fees.

Read more: 'People need to stay away if they can - it's not safe': Whistleblower tells LBC a smart motorway outage is risking lives

Transport Secretary discusses 'smart motorways' with Nick Ferrari

The over half-a-million-pound sum relates to outside legal costs incurred by National Highways during eleven inquests since 2019 involving fatalities on the stretches of the motorway.

But, Transport Secretary Mark Harper told LBC's Nick Ferrari at Breakfast that smart motorways remain some of the safest.

"Smart Motorways remain the safest roads of the strategic roads network," Mr Harper told Nick, before adding "the public don't have confidence in them."

He revealed there would be no new smart motorways and money would be spent in improving public confidence in the existing schemes.

McCartney, who also previously served as a transport minister, added that it was "a large amount of money which could have been spelt elsewhere". He told LBC: "We need to rescind the policy that was so-called smart motorways. I have never accepted that smart motorways are safer than other motorways."

His concerns over smart motorways were echoed by Labour MP Sarah Champion, who told LBC: "The fact that eight coroners now have written to National Highways to express their concerns over the roads, because of the multiple casualties and deaths, and they're still trying to fight and defend their position, is immoral."

The senior Labour MP, who chairs the International Development Committee, added: "Let's remember the half-a-million-pounds is taxpayers money, that is being used to fight against taxpayers who have died because of these smart motorways.

"It just feels like National Highways have gone rogue. They are doubling down on these ridiculous smart motorways, and are now using taxpayers money to justify their position."

Read more: Rishi Sunak scraps smart motorways plan citing soaring costs and a lack of public trust

Nick Simmons, the CEO of RoadPeace, said: "Our members have been very concerned about smart motorways for a long time, and say that they are not safe."

Simmons, who represents those bereaved and injured by road crashes, as well as their families, told LBC that their members have "found it very difficult to engage with National Highways and to point out some of these issues".

He added: "If you speak to members of the general public, they just instinctively don't feel safe when they’re driving on a smart motorway. They're wrong and they need to be stopped."

A spokesperson for National Highways spokesperson told LBC: "Any loss of life is a tragedy and our sympathies remain with the families affected.

"Safety is our highest priority and it's important we engage fully with inquests. This is not about defending smart motorways.

"Our attendance is to assist coroners in determining the cause and circumstances of each incident by providing factual information, including how our roads operate and are designed.

"We and the government continue to invest £900 million in further safety improvements on existing smart motorways."

More Latest News

See more More Latest News

One young user of single-use vapes told me the ban doesn't "change anything".

'It doesn't change anything', say vape users as disposable vape ban comes into force to deter use among young people

A man has died and a child is injured after a shooting incident in Carlow, Ireland

Gunman opens fire at shopping centre in Ireland as man dies from 'self-inflicted' injuries and child injured

London, England. 24th May 2025. Pixie Lott wears a tshirt gifted by a fan as she presents new single 'Somebody's daughter' to the Foodie Festival audience. Cristina Massei/Alamy Live News

Pixie Lott reveals she's pregnant with second child on stage at festival

The Ukrainian leader celebrated the attack in Russia.

'Brilliant result': Zelenskyy celebrates Ukraine's attack on 40 'enemy bombers' in Russia that caused '$7bn' damage

The Royal Terrace Pier Gravesend Kent UK

Man describes rescuing 'screaming' boy from Thames after body recovered in search for missing girl

Yates on the podium, wearing the pink jersey of the race overall leader, celebrates after winning the 21th stage of the Giro d'Italia 2025. Sport - cycling. (Photo by Fabio Ferrari/LaPresse) Credit: LaPresse/Alamy Live News

Britain's Simon Yates wins first Giro d'Italia title in Rome

IDF Spokesperson BG Effie Defrin features in a video posted to X, captioned: "I visited the area of one of the GHF humanitarian aid distribution centers to set the record straight."

IDF denies responsibility after reports of 31 dead in Israeli attack near aid site

Climate activist Greta Thunberg with other activists from a human rights organization meets with journalists in Catania, Italy, Sunday, June 1, 2025, ahead of their departure for the Mideast.

'We have to keep trying': Greta Thunberg sets sail on journey to bring aid relief to Gaza as activist is joined by 11 others

Wiltshire Police confirmed nine people had sustained injuries and were taken to hospital.

Boat on River Thames 'explodes' with nine people injured 'including baby' and transferred to hospital after blaze

British surgeon Dr. Victoria Rose describes the catastrophic scene at Nasser Medical Complex

'Absolute carnage': British doctor describes horror in Gaza hospital after Israel 'opens fire' on aid centre

Sam was driving on the A34 near Manchester on Monday when his car suddenly left the road.

Race Across the World contestant Sam Gardiner, 24, dies in car crash as family pay tribute to his 'joy and energy'

Russia's Ministry of Defence acknowledged the strikes on airfields across five regions earlier today.

Ukraine targets more than 40 'enemy bombers' deep inside Russia with drones 'hidden' in special containers, source says

Firefighters with breathing apparatus and a ladder truck work at the Marienkrankenhaus hospital in Hamburg's Hohenfelde district of Hamburg.

Three dead, more than thirty-five injured in fire in geriatric ward of German hospital

An investigation has found trending mental health TikTok videos are spreading misinformation about mental health

'Feeling anxious? Eat an orange in the shower': Over half of top 100 Tik Tok mental health advice videos contain misinformation

Police warning to uber drivers after 'drunk passengers' found abandoned on dark motorway

Police warning to taxi drivers after 'drunk passengers' abandoned on motorway after being sick in Uber

Russian drone hits residential building in Belozersk

40 Russian bomber planes struck as Ukraine claims to have conducted drone attack