Prevention of Future Deaths reports · 2015
Regulation 28 report to prevent future deaths, reference 2015-0369, written 1 Oct 2015. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 1 Oct 2015 |
|---|---|
| Reference | 2015-0369 |
| Deceased | Kenneth McCurdy and Mary McCurdy |
| Coroner | Crispin Oliver |
| Coroner area | County Durham and Darlington |
| Category | Road (Highways Safety) related deaths |
| Source | judiciary.uk record · original PDF |
| Responses published | 1 |
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
THIS REPORT IS BEING SENT TO:
1. FY Network Delivery and Development Yorkshire, North East
Regional Director, Highways Eng!and, Lateral, 8 City Walk, Leeds LS11
——————————
CORONER
! am Crispin A Oliver assistant coroner, for the coroner area of County Durham and
Darlington
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.
{see attached sheet)
INVESTIGATION and INQUEST
On 7 April 2015 ! commenced investigations into the death of Kenneth (“Ken”)
McCurdy and Mary (“Maida”) Brunton Cunningham McCurdy. The investigations
concluded at the end of the inquests, heard together, on 30" of September 2015. The
conclusion of the inquest was that both Mr and Mrs McCurdy had died from 1a Multiple
Traumatic Injuries. They died on the 1* of April 2015 at approximately 15.52 hours near
the A66 at East Lowfield Farm, Bowes, County Durham following a road traffic collision
and the conclusions were that of accidental deaths.
CIRCUMSTANCES OF THE DEATH
Mr and Mrs McCurdy were travelling eastwards in their Seat motor car towards Barnard
Castle approaching the exit to Hulands Quarry on the left hand side of the dual
carriageway. Mr McCurdy was driving. For reasons that could not be explained he
executed a manoeuvre that took him through the gap in the central reservation
designated for traffic in the opposite direction carriageway to tum right across the east
bound carriageway into Hulands Quarry. He collided almost instantaneously with a
vehicle travelling westwards in the other carriageway. The driver of that vehicle had no
chance to avoid the collision. That driver was probably driving lawfully, within the speed
limit.
CORONER’S CONCERNS
During the course of the inquest the evidence revealed matters giving rise to concem. In
my opinion there is a nsk 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. There is no signage at the gap in the central reservation for vehicles travelling
west to tum right towards Hulands Quarry to indicate that it is no entry to
vehicles travelling east for any form of manoeuvre.
There is no signage at or leading up to the said gap in the central reservation to
indicate that there is a prohibition to U turns or right turns to vehicles travelling
east.
ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and | believe you
[AND/OR your organisation] have 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 26" November 2015 !, 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.
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.
Crispin A Oliver M.A.
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.
| 3 highways england Our ref: a Your ref: CAO/AB/845&846/15 Regional Director, Yorkshire & Humber and North East Laterai HM Coroner's Office 8 City Walk PO Box 282 Leeds LS11 9AT Bishop Auckland County Durham Direct Line: 0300 470 2438 DL14 4FY 24 November 2015 For the attention of Crispin A. Oliver Dear Mr Oliver Response to Regulation 28 Report to Prevent Future Deaths The Coroners (Investigations) Regulations 2013 . A66 Hulands Quarry Access, east of Bowes, County Durham In relation to the Deaths of Mr Kenneth and Mrs Mary McCurdy I refer to your letter of 9 October 2015 and accompanying Regulation 28 Report to prevent future deaths in relation to the above. Highways England was saddened by the news of the death of Mr and Mrs McCurdy and would wish to extend sincere condolences to their family in this respect. We note your conclusions of accidental deaths in both cases. Your report details concerns in relation to the current lack of signing at this central reservation gap and that you believe that Highways England has power to take action to prevent future deaths. Highways England accepts that it has power to take action and would refer you to the measures that are set out below. I note that the Report indicates that it could not be explained to the inquest why the driver executed his manoeuvre through this central reservation gap. Following receipt of the Report, a detailed examination of the circumstances of this collision has taken place and an inspection and assessment of the road's layout has been undertaken. The collision history reveals no other injury collisions in this vicinity In at ieast the last 10-years. Highways England’s investigation has drawn a number of conclusions: ° There is no currently legally approved or appropriate sign that can be installed on the A66 westbound carriageway to indicate to drivers that the gap cannot be entered by vehicles passing from the eastbound carriageway. Vehicles exiting the Hulands Quarry access have the need and right to pass through the central Registered affice Gridge House, 1 Welnut Tree Close, Gulfor! GUI 4LZ for C) INVESTORS Highways England Company United registered in England and Wales number 09346363 Ad IN PEOPLE reservation gap at this location, and hence such a sign could provide westbound drivers with mlsleading information which might in itself cause a danger to drivers; e __ By prohibiting certain turning manoeuvres, Highways England has a duty to provide an alternative facility for users. In this case, drivers would be required to divert elsewhere to perform U-turn manoeuvres. Currently there are no suitable alternative U-turn facilities on the A66 between Bowes Interchange and Cross Lanes junction. Highways England proposes the following to address your concerns relating to this and the adjacent central reservation gap to East Lowfield Farm. Measures are proposed to enhance the existing facilities and to positively encourage use of the central reservation gaps where offside diverge lanes are installed. These measures would include signing and road markings to highlight the appropriate facility. It is however recognised that Mr McCurdy was performing a U-turn manoeuvre when the collision occurred. Such manoeuvres are normally made when a driver either realises that he is driving, or he is under the misconception that he is driving, in the wrong direction. Highways England therefore proposes to work with Durham Constabulary in December to identify the route that Mr McCurdy had intended to take. Using this information, we will investigate enhancements to signing and road markings at appropriate locations that will provide drivers with improved advance information. This Is aimed at reducing driver confusion and hence reducing future collision risk. By 31 March 2016 we aim to deliver investigations that wili recommend proposals for this length of the A66 Regrettably at this time, no funding is currently available to undertake this work, beyond the investigations described. A bid will be placed to request funding, which is normally allocated on a priority basis to ensure that funds are targeted at sites that are Ilkely to provide the greatest collision savings and safety benefit to road users. i trust that this information is of assistance in explaining Highways England’s proposals in relation to this location. Yours sincerely eg (J Regional Director, Yorkshire & Humber and North East boy, Rogistered office Edge House, 1 Walnut Tree Close, Guildford GL 4LZ Lye INVESTORS. Highways England Company Limited registerad in England and Wales number 09348363 dd IN PEOPLE
See every Prevention of Future Deaths report matching Road (Highways Safety) related deaths, and how often a new one appears.
What would an alert for this have sent me? Search the full text
Free to try — the preview shows the real matches and how many arrived in the last 12 months. Your first email alert is free.
These reports are published by the Chief Coroner's office at judiciary.uk and are © Crown copyright. The text here is reproduced from the published PDF so it can be searched. If something on this page is wrong, or you are a person named in it and want it reviewed, email drcjar@gmail.com and we will act promptly.