The nearside lanes of smart motorways must be closed with immediate effect and converted to ‘a hard shoulder’ to avoid further bloodshed, according to the country’s leading road traffic lawyer.
Nick Freeman, known as Mr Loophole for his ability to secure acquittals for A list clients, said that Highways England are now on notice that smart motorways are death traps. As a result, the organisation has a legal duty to act immediately.
He said: “Following the spate of horrific accidents on smart motorways it has become manifestly clear these are death traps. Highways England has a duty of care to the motorist. To allow smart motorways to continue in their current format would constitute a gross dereliction of their legal duty. They should, with immediate effect, close the nearside lane of all smart motorways by using the red cross on the gantry system – thereby enabling the motorist to then use the lane as a default hard shoulder.”
In 2019 Transport Secretary Grant Schapps ordered a ‘stock take’ by Highways England of smart motorways .Its findings last March included an 18-point package of measures ‘to improve safety and public confidence’. Mr Schapps is expected to ‘discuss the plan with Highways England’s acting chief executive, Nick Harris in the next few days.
It follows a coroner’s call for an ‘urgent review’ into the safety of smart motorways after concluding that the lack of a hard shoulder on the M1 contributed to the “unlawful killings” of Jason Mercer, 44, and Alexandru Murgeanu, 22.
However MrFreeman said: “What could be more urgent than the temporary halting of smart motorways because of the very real and obvious risk they pose to human life?
“When there is a product recall on, say, a defective car, the motorist is advised to deal with it immediately and not to drive the vehicle. So why isn’t the same approach being adopted in relation to a road network which is proving to be lethal and was always going to be so. You cannot have a road system without an emergency form of escape”
The 64-year-old solicitor has been criticising smart motorways since they were first introduced, slamming the network as ‘ridiculously dangerous’.
The father of two drives around 50,000 miles a year – something he has been doing for the last 40 years – and so frequently travels along stretches of the smart motorway network, including the M60 and M25.
He added: “I remember these roads before they were smart motorways, and since their change of status the improvement has been negligible. That’s before you consider the terrible loss of life. It’s why the change of the nearside lane to hard shoulder must happen immediately. Apart from the obvious safety benefits, this shouldn’t cause any congestion due to relative light traffic flow during lockdown. How much more blood does Highways England want on its hands?”
About Freeman & Co.
Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.
If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.
Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.
If you would prefer to send a confidential email the please click here.
Our Details
Freeman & Co Solicitors
8 Oxford Court
Manchester
M2 3WQ
Tel. 0161 236 7007
