Prevention of Future Deaths reports · 2014

Mustafa Cicek

Regulation 28 report to prevent future deaths, reference 2014-0116, written 13 Jan 2014. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report13 Jan 2014
Reference2014-0116
DeceasedMustafa Cicek
CoronerAlan Craze
Coroner areaEast Sussex
CategoryRoad (Highways Safety) related deaths
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text recovered by OCR from a scanned PDF. OCR is imperfect: check anything you rely on against the source PDF. Reproduced verbatim, including the scan's own layout.

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS (1)

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS
THIS REPORT !S BEING SENT TO:

1. The Highway Agency

2. The Secretary of State for Transport
3. The Chief
4.
5
6

1 CORONER

| am Alan Romilly Craze, senior coroner, for the coroner area of East Sussex.

2 CORONER’S LEGAL POWERS

| make this report under paragraph 7, Schedule 5 of the Coroners and Justice
Act 2009 and regulations 28 and 29 of the Coroners (Investigations)
Regulations 2013.

3 INVESTIGATION and INQUEST

On 24 October 2012 | commenced an investigation into the death of Mustafa
Cicek, aged 36 at the time of the incident. The investigation concluded at the
end of the inquest on 15 May 2013. The conclusion of the inquest was
multipte injuries following a road traffic accident.

4 CIRCUMSTANCES OF THE DEATH

The road traffic collision occurred at approximately 03.55 on Sunday 21
October 2012. Mr Cicek was driving a Ford Fiesta motor car north-bound on
the A21 when the vehicle left the carriageway to the nearside on a right-hand
bend where it struck a fixed structure in a private garden of the property i

5 CORONER’S CONCERNS

During the course of the inquest the evidence revealed matters giving rise to
concern. In my opinion there is a risk that future deaths will occur unless
action is taken. In the circumstances it is my statutory duty to report to you.

The MATTERS OF CONCERN are as follows:

(1) The bend at this particular location is a collision black spot as there
have been several road traffic collisions at the location of Mr Cicek’s
collision.

(2) The apparatus along the carriageway, particularly two of the chevron
signs, could be improved. There are three chevron signs but only one
nas a yellow background. If the two chevron signs without a yellow
background could have a yellow background added it would further
enhance their presence on this bend.

(3) A Eucalyptus sapling has been planted on Highways Agency land

between the front fence at MM and the edge of the
carriageway. This will mature into a potential hazard and
consideration should be given to its removal.

(4) Consideration should be given to painting “SLOW?” in the carriageway
on the approach to the bend.

ACTION SHOULD BE TAKEN

In my opinion action should be taken to prevent future deaths and | believe
your organisation has the power to take such action.

YOUR RESPONSE

You are under a duty to respond to this report within 56 days of the date of this
report, namely by 03 March 2014. |, the coroner, may extend the period.

Your response must contain details of action taken or proposed to be taken,
setting out the timetable for action. Otherwise you must explain why no action
is proposed.

COPIES and PUBLICATION

| have sent a copy of my report to the Chief Coroner and to the following

Interested Persons; ! have also sent the report
to oO may find It useful or of interest.

| am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or
summary form. He may send a copy of this report to any person who he
believes may find it useful or of interest. You may make representations to
me, the coroner, at the time of your response, about the release or the
publication of your response by the Chief Coroner.

13 January 2014

Alan Romilly Craze

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Highways Agency (PDF)
'  ,..  HIGHWAYS 
~ :  AGENCY 

Federated  House 
London  Road 
. Darking  RH4  1 SZ 

28  February 2014 

Mr Alan  R Craze (Solicitor) 
H.  M.  Coroner for  East Sussex 
28/29 Grand  Parade 
St Leonards on  Sea 
East Sussex 
TN37 6DR 

Dear Mr Craze 

Re:  MUSTAFA CICEK (DECEASED) 

Thank  you  for  your  letter  of  13  January  2014  and  enclosures  concerning  the  above 
fatality. 

The  purpose  of  this  letter  is  to  address  the  matters  of  concern  that  you  raised  wiih 
regard  to  the  bend  at  Woodman's  Green  on  the  A21.  In  line  with  your  request  the 
Highways Agency agrees  that more  safety improvement can  be  made at  this  bend  and 
we  are in  the  process of implementing the improvements recorded  in  your report and we 
are also  considering the  provision of additional safety measures. 

We have completed:-

•  The  provision  of 'SLOW  '  road  markings  on  the  carriageway (there  are  now two 

'SLOW' markings  north  bound and  one  'SLOW' marking south bound); 

•  Upon  inspection  we  also  found  that  the  eucalyptus  tree  has  already  been 

removed. 

We are also advanced with  preparations to  complete:-

• 

Improvement  to  the  (;hevmns  on  the  bend.  We  are  planning  to  inc;ease  the 
number of chevrons to  3 in  both  directions.  This  is the  maximum  we  can  erect at 
this  location  because  of  the  private  entrances  on  this  corner.  We  are  also 
ensuring that all the  chevrons are on  yellow backgrounds to  help them  stand  out. 
The  signs  are  ordered  and  we  are  awaiting  returns  from  statutory  checks  we 
have to  make  to  ensure  the  safe digging  of new foundations.  If all  goes well  we 
hope to  complete the  new chevrons in  March. 

ll\>'HSTOR rn  PBO!'LI! 

Department  for 

Transport

 
 
 
 
 Following  a further  site  inspection  and  assessment we  have  identified  additional  road 
safety  improvements  that  we  are  currently  considering  through  our  design  process 
these are: 

•  The  provIsIon  of  new  reflective  road  studs  to  both  north  and  south  bound 
approaches to  the  bend  including extending them  around the bend  itself. This will 
improve night time safety in  particular. 

•  An  additional warning  sign  (red  triangular) on  the  south  bound  approach warning 
of possible  queues ahead  (this  is  something  the  Parish  Council  have  suggested 
following  non-injury collisions). 

•  We will  also consider whether advisory maximum speed  plates are appropriate or 
permissible  under the  bend  warning  signs  but  this  may be  difficult if we  are  also 
to retain the  plate telling drivers of the distance ahead  of the  bend. 

It  is  also  relevant  to  mention  that  we  are  developing  the  possibility  of  introducing 
average  speed  cameras on  the A21.  The aim  is  to  improve speed  limit compliance  and 
improve driver behaviour. 

The  A21  is  within  an  Area  of  Outstanding  Natural  Beauty  and  it  is  our  duty  to  take 
account of the  specific provisions applicable in  such  areas and  we work closely with the 
relevant authorities when we  are considering improvement works. 

Yours sincerely 

Asset Manager for East Sussex trunk roads 
NDD South  East Asset Development

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