Prevention of Future Deaths reports · 2016
Regulation 28 report to prevent future deaths, reference 2016 – 0290, written 15 Aug 2016. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.
| Date of report | 15 Aug 2016 |
|---|---|
| Reference | 2016 – 0290 |
| Deceased | Saleh Al-Awlaki |
| Coroner | Ian Arrow |
| Coroner area | Plymouth, Torbay and South Devon |
| 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.
IAN MICHAEL ARROW Senior Coroner for Plymouth, Torbay and South Devon REGULATION 28 REPORT TO PREVENT FUTURE DEATHS THIS REPORT IS BEING SENT TO: Highways Department, Torbay Council, Town Hall, Torquay. CORONER lam JAN MICHAEL ARROW, Senior Coroner for Plymouth, Torbay and South Devon 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. http://www.legislation.gov.uk/ukpga/2009/25/schedule/5/paragraph/7 http://www. legislation. gov.uk/uksi/2013/1629/part/7/made INVESTIGATION and INQUEST On 11/12/2014 | commenced an investigation into the death of Saleh Awadh Mohamed Al- Awlaki, On 05 August 2016, | concluded an Inquest touching his death. CIRCUMSTANCES OF THE DEATH As perhaps you may be aware, this young student was struck by a car with some force on Great Western Road, Paignton. He died as a result of his injuries. | received evidence from police investigators at the Inquest. Contributing to the incident was the speed of the car, the dark shadow cast by the low sun and the fact the deceased stepped into the path of the accelerating car. Of particular note was the fact that the deceased did not use the pedestrian crossing when leaving the railway station. As you will be aware the pedestrian route between the railway station and the bus station is heavily used. | sought an opinion from a Senior Officer in the case. Police Sergeani HEE the Senior Investigating Officer provided me with verbal and subsequently written advice. lam sharing that advice with you. You will note that he considers the erection of railings at the edge of the roadway to channel pedestrians towards the pedestrian crossing may have prevented the fatal collision.. 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. — Please review the suitability of pedestrian railing between the Railway Station and Bus Station at Paignton to reduce the effect of vehicular collisions with pedestrians 1 Derriford Park, Derriford Business Park, Plymouth, PL6 5QZ Tel 01752 204636 | Fax ACTION SHOULD BE TAKEN In my opinion action should be taken to prevent future deaths and | believe you Highways Department 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 10 October 2016. |, 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 — The Highways Department of Torbay Council who may find it useful or of interest. lam 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. Dated 15 August 2016 Signature. Senior Coroner for PI outh, Torbay and South Devon 1 Derriford Park, Derriford Business Park, Plymouth, PL6 5QZ Tel 01752 204636 | Fax
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.
ORBAY Please reply of ED” 2S Community & Customer Services Lower, Ground Floor, Town Hall, Torquay Devon. TQ1 3DR Plymouth Coroner Your ref: HM Coroner Courts Telephone: 01803 207835 1 Derriford Park Fax: 01803 207981 Plymouth ema: Devon. PL6 5QZ Date: 21 November 2016 RECEIVED Dear Mr Arrow 72 NAY 2016 Fatal Collision - Great Western Road, Paignton Saleh Awadh Mohamed AL-AWLAKI CORONER'S OFFICE | refer to your letter of 15" August 2016 in respect of the fatal collision involving the above named person on 6"" December 2014 and your request for consideration to the placing of pedestrian guard railings at the location to prevent future collisions. Firstly | apologise for the slight delay in responding from my original extension request, however it has taken longer than expected to receive all the necessary information relating to this incident, which ensured that we can give full consideration to the facts relating to this case. To investigate this request | have carried out the following e Attended a site visit with my Senior Traffic Engineer and Road Safety Officer e Reviewed current guidance e Reviewed previous collision data e Reviewed still images from the CCTV footage of the Collision e Commissioned an independent site Review from Peninsula Casualty Reduction Partnership Road Safety Consultants. | confirm that my findings are as follows: Site Visit | attended the collision site along with Torbay Council’s Senior Traffic Engineer and Road Safety Officer. We reviewed the site from the perspective of a pedestrian leaving Paignton Railway Station and heading in the direction of the nearby bus station, where an existing signalised crossing can be used and also from the perspective of pedestrians heading towards the Town Centre. Schools and services for children and young people e social care and housing e recycling, waste disposal and clean streets e community safety e roads and transportation e town planning e tourism, harbours and economic regeneration e consumer protection and licensing e leisure, museums, libraries and arts If you require this in a different format or language, please contact me. Printed on 100% recycled paper When using the steps to exit the Rail Station, towards the Bus Station, the crossing location is in full view to the pedestrian and the distance would be unlikely to encourage a pedestrian to take a direct route in front of the crossing point. The footway is sufficiently wide at this point to avoid pedestrians from stepping into the road without being aware of moving traffic. For pedestrians heading towards the Town Centre there is a long section of dropped kerb, which serves vehicular access for visitors and Taxis to serve the Rail Station. From the site visit there appeared to be no advantage in placing barriers to guide pedestrians and in general from viewing the area following the arrival of a train, there was no evidence that pedestrians were using a desire line that would be prevented if barriers were placed. The signalised crossing was inspected and there were no issues noted other than a lack of advisory ‘Look Right/Look Left’ markings, which whilst not a contributory factor in this collision, would be recommended on a one way street. These have subsequently been instructed to be added. Current Guidance There is no current legislation with respect to the implementation of pedestrian guard railing, however the most recent guidance, Local Transport Note 2/09 as published by the Department for Transport, has been referred to as part of this process. The guidance suggests that there is no specific evidence that guard railings in the vicinity of controlled crossings will reduce collisions; however each individual location would need to be assessed. From the site visit above there was no indication that pedestrians were encouraged to cross at dangerous locations away from the crossing. Review of Collision Data Collision data history was reviewed in this section of road and this showed that in the last three years this is the only KSI (Killed or Seriously Injured) collision to have taken place. The only other recorded pedestrian collision involved a vehicle reversing out of a parking space by the railway station and slightly injuring a pedestrian. There did not therefore appear to be any particular trend that suggests that additional guard rails in this location would actively prevent collisions. Images from the Incident Some still images of the collision were reviewed and this showed that the pedestrian concerned stepped into the path of a moving vehicle from a position on the footway which forms part of the vehicular dropped crossing that serves the Rail Station as identified in the site visit. The pedestrian did not appear to have been aware of the approaching vehicle even though he had taken several steps prior to stepping into the road. As this particular location is a clear vehicular access it would not be appropriate or indeed possible to erect pedestrian guard rails. Independent Review An investigation was commissioned from the Peninsula Casualty Reduction Partnership as independent consultants. The investigation considered the issues identified above as well as related case reports. The findings of the report were in agreement with our own officer views on the site and its layout, taking their own site visits and current guidance into consideration. 8/cont ..... The investigation also noted that there was evidence of particular issues relating to the individual and his awareness and understanding of his surroundings in this case, based on his background within his home country. It is considered likely that he had very little experience of being unaccompanied in circumstances where he would be in conflict with live traffic and it is unclear whether he possessed the necessary skills to remain safe in these circumstances. This may therefore have been a significant factor in this incident. Conclusion Torbay Council takes the issue of reducing collisions upon the public highway very seriously, hence the reason for taking the decision to carry out a comprehensive review of the site prior to responding to your request. We do however need to be mindful that collision prevention is not an exact science and any decision to implement safety features, or otherwise, needs to be considered on a balance of risk, taking an overview of site features as well as pedestrian and driver behaviours into account. Having reviewed the site in this case and taken advice from colleagues and from independent consultants | have concluded that the actual location of the collision in this case could not be considered for pedestrian guard rails, due to the fact that the section of footway is required for use as a busy vehicular access. The access is an essential feature of the footway to ensure that rail passengers who are either being picked up or require taxis for ongoing journeys can do so in a safe manner. There is also no evidence to suggest that this location is subject to regular dangerous actions by pedestrians and in this respect there would not appear to be any advantage in terms of safety in changing this arrangement to include barriers. Furthermore there is no evidence to suggest that barriers placed closer to the signalised crossing on Great Western Road would prevent future collisions at this site. In conclusion therefore | am unable to support the view of the Senior Investigating Officer in this case and, as such, | regret that | do not consider pedestrian guard rails at this site should be implemented on the grounds of improved pedestrian safety. This concludes my response. Yours sincerely Q— — & Transport Service Manager
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.