Prevention of Future Deaths reports · 2016

Saleh Al-Awlaki

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 report15 Aug 2016
Reference2016 – 0290
DeceasedSaleh Al-Awlaki
CoronerIan Arrow
Coroner areaPlymouth, Torbay and South Devon
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.

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

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 Respondent Not Named (PDF)
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

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