The cost of a life
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It might happen in a flash but a serious road accident may cast a long shadow over all those involved
Words: Patric Cunnane What is the cost of a serious road trafic accident? The answer to this question has many parts. It includes the grief of the family if a loved one has been killed; the recovery process for the injured; the shock and guilt of other drivers involved; the damage to reputation for a negligent company; and the likelihood of higher insurance premiums.
Lengthy investigations involving the police and other enforcement agencies might lead to a court case.
The UK has an enviable road safety record compared to many countries but each accident is one too many and most are avoidable. Hence the theme of a recent safety conference run by Transport for London’s (TfL) FORS (Fleet Operator Recognition Scheme) entitled ‘The impact of a major trafic incident. How prepared are you?’ Transport commissioner Peter Hendy set out TfL’s stall by announcing that it has commissioned a report, due to be published in May, into the safety of construction vehicles. “The proportion of accidents by cement mixers and skip lorries is too great,” said Hendy, adding that he was particularly concerned about accidents involving cyclists. Last year, 16 cyclists were killed in London, including 12 in accidents involving LGVs. Most of the lorries were construction vehicles.
Hendy accepted it was not all one-way trafic. “There are some appalling examples of cyclist behaviour,” he said. However, he recently witnessed a tipper hitting a cyclist at the site of the Crossrail project. “The cyclist was not killed but I was furious,” he said.
TfL insists on a strict safety regime for contractors working on Crossrail, with regular vehicle checks. “If you don’t sign up to my contract terms, I don’t want you,” said Hendy. He insisted on blindspot warning devices, safety mirrors and side guards on all lorries.
Public image
Trafic commissioner Richard Turitt said the South Eastern and Metropolitan Trafic Area has been working closely with TfL to improve safety. “I hope that the industry’s public image will be enhanced,” said Turitt. Under new regulations, TCs can take direct action against transport managers and he believes it is not unreasonable for operators to keep the promises made when applying for an O-licence.
Turitt was an HSE prosecutor and said operators might have to present their health and safety policies at a public inquiry. “You are expected to provide drivers with suficient information to reduce risk,” he said.
For journey planning, this includes: • taking account of correct routes, known risks and adverse weather conditions; • a realistic work schedule; • not putting drivers at risk of fatigue. For risk assessment, operators must: • identify the hazard; • identify who might be harmed; • evaluate the risks; • record the indings.
“If you are a transport manager, I take my hat off to you,” said Turitt, “because you have accepted the obligations and continuous responsibility regarding leet operation.” n
CASE HISTORY: THE ACCIDENT
Cynthia Barlow’s cyclist daughter Alex McVitty was killed by a left-turning cement mixer on London Wall in 2000. She was 26 and a graduate. “The police came to my work and told me my daughter was dead,” said Barlow. What followed was a nightmare. The driver was prosecuted and, at the inquest, the coroner instructed him to stay silent so the inquest failed to establish what happened, except for returning a verdict of accidental death. “I was unable to ask the questions I wanted.” Barlow was not contacted for months. The driver was charged with careless driving, but acquitted. Crucial information – such as a video of her daughter cycling to her death – was not shown to her before the court hearing. “I complained about the coroner and the police,” said Barlow, who was horrified at how marginalised she was made to feel during the process. The procedures she described have since been improved and relatives of victims are now attended to by a police liaison officer.
Barlow then bought shares in the haulage company Ready Mix Concrete, since renamed Cemex, and attended its AGM to campaign for safety improvements. “I have been working with them since,” she said.
Cemex health and safety manager Julie Welch and logistics fleet engineering manager Paul Clarke told the conference about changes made since Barlow became involved. “After the death of Cynthia’s daughter we fitted additional fisheye mirrors from 2004 and wide-angled mirrors from 2007,” said Clarke. “We fitted nearside proximity sensors and side under-run bars to all our vehicles from 2007. We are trialling new mirrors in London that will give 10% extra wide view.” Welch has investigated three accidents in four years. Apart from the human cost, operators can face prosecution, loss of vehicle earnings, bad publicity, the cost of an investigation and an adverse effect on staff morale and turnover.
Cemex carries out educational work with local authorities and schools on the dangers of lorry drivers’ blindspots. “Last year, we worked with 3,000 cyclists on lorry danger,” said Welch.
She related the case of a Cemex driver involved in an accident as he was approaching retirement. “It happened in 2011 and we are going through an investigation, so he has to relive it all,” she said.
CASE HISTORY: THE INVESTIGATION
Detective chief inspector John Oldham formerly led a homicide team and now investigates road deaths. “The scenes are often worse than the murders I investigated,” he said. A lorry driver involved in an accident is likely to be considered a suspect during the initial investigation.
“When someone has died, the driver will be put in a white suit, he can’t contact his wife. He is a suspect until proven otherwise. He will be put under pressure and not given time to collect his thoughts. We will keep the lorry and its load as long as we need to – justice comes first in my opinion,” said Oldham.
The investigation will look at how the cyclist rode, or the pedestrian walked, and how the vehicle was driven. Filmed reconstructions might take place and drivers, suspects and witnesses will be interviewed. A road could be closed for some time if radioactive material was involved. The police will visit the operator to see how other vehicles are kept. A collision investigator’s report will be prepared and technical experts might be involved. Any defects will be put under the spotlight. “If the lorry had a problem with air brakes, I would need a brake expert,” said Oldham.
Consultations with the CPS and the coroner will follow and the case will be reviewed by a senior detective. All this will happen before anyone is charged.
Further information
Cynthia Barlow – chairwoman of safety campaigners RoadPeace: www.roadpeace.org Transport for London/FORS: www.tfl.gov.uk/fors Cemex: www.cemex.co.uk
Safety equipment suppliers at the conference included: Brigade Electronics: www.brigade-electronics.com Reversing Made Easy: trafficangelra reversingmadeeasy.com
GreenRoad: www.greenroad.com
Advanced Check: www.advancedcheck.co.uk