Families told no corporate manslaughter charges will follow over Sheffield 'smart motorway' deaths

Families who lost loved ones on ‘smart motorways’ near Sheffield say they are ‘disappointed’ National Highways will not face corporate manslaughter charges over the deaths.
David Kessen
By David Kessen
Published 1st Feb 2022, 13:13 BST
Updated 1st Feb 2022, 13:22 BST
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Jason Mercer, from Rotherham, died after being hit by a lorry when he and another man, Alexandru Murgeanu, stopped to exchange details after a collision on a stretch of smart motorway near Meadowhall in 2019.

Nargis Begum, 62, a mother-of-five and grandmother-of-nine from Darnall, Sheffield, died in September 2018 after a car smashed into her and husband Mohammed’s broken down car on a stretch of smart motorway near Woodall Services.

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Nagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorwayNagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorway
Nagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorway
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But today it was announced that National Highways, formerly Highways England, will not face corporate manslaughter charges over the incidents.

A coroner investigating Nargis’ death recommended the CPS and police review whether charges should be brought.

Specialist lawyers at Irwin Mitchell represent a number of people and families affected by smart motorways collisions.

Following her death, Nargis’ family instructed the firm to investigate and bring a civil case against Highways England, now National Highways, calling for the use of smart motorways to be scrapped.

Claire Mercer marked her late husband’s birthday by arranging a giant mobile screen outside South Yorkshire Police’s headquarters calling on them to prosecute Highways England over his death. Picture: Chris Etchells. She is disappointed that the prosecution will not happenClaire Mercer marked her late husband’s birthday by arranging a giant mobile screen outside South Yorkshire Police’s headquarters calling on them to prosecute Highways England over his death. Picture: Chris Etchells. She is disappointed that the prosecution will not happen
Claire Mercer marked her late husband’s birthday by arranging a giant mobile screen outside South Yorkshire Police’s headquarters calling on them to prosecute Highways England over his death. Picture: Chris Etchells. She is disappointed that the prosecution will not happen
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The company is also representing Claire Mercer, whose husband Jason, 47, was killed in a separate crash.

Claire, of Broom, Rotherham, and her legal team are investigating the possibility of bringing a separate legal challenge against National Highways calling for the use of smart motorways to be halted.

Helen Smith, specialist smart motorways lawyer at Irwin Mitchell, said: “Claire and Nargis’ family as well as many others continue to have serious concerns about smart motorways and their safety.

“We keep on hearing worrying first-hand stories of how people are being seriously injured or killed on smart motorways while the independent report we commissioned through road safety experts also highlighted grave concerns.

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“While we thank the police and Crown Prosecution Service for their thorough investigation the families we represent are obviously disappointed by the decision. However, this doesn’t mean their quest for meaningful change is over.

“We’ll continue to support families and are determined to provide them with the answers they deserve through the civil courts.”

The Government has said it is pausing the roll out of “all-lane running” smart motorways while their safety is assessed. Campaigners want them removing altogether.

Related topics:Sheffield