Widow in court over ‘sitting duck’ smart motorways

SMART motorways could be reviewed by the courts after a widow whose husband was killed on one launched a bid for a judicial review.

Claire Mercer is bringing a High Court challenge calling for smart motorways, where hard shoulders become live lanes at peak times, to be scrapped after her husband died on a “smart section” of the M1. Lawyers at Irwin Mitchell, acting on her behalf, have started the legal process that could lead to a case against Highways England.

Jason Mercer, 44, of Rotherham, and Alexandru Murgreanu, 22, of Mansfield, were involved in a minor collision and pulled over to exchange details. They died when a HGV hit them on the M1 near Meadowhall, South Yorks.

That stretch is classed as an “all lanes running” motorway, meaning there is no hard shoulder. In place of the hard shoulder are emergency refuges, roughly a mile apart, though in some areas they are said to be less common.

Overhead signs indicate the speed limit and whether a lane is closed.

Mr Rotherham and Mr Murgreanu were two of four people killed on the M1 in less than 10 months, an investigation by The Daily Telegraph revealed. It is believed that at least seven people have died on smart motorways.

Mrs Mercer, 43, said: “Because this section of motorway is ALR there was no hard shoulder and they were not to know the nearest emergency refuge area was out of sight, a mile away.

“Anyone can be involved in a collision or anyone can break down. Each time you travel on an ALR, it’s like playing Russian roulette with your life. If you break down, you’re a sitting duck.”

Mrs Mercer, who set up Smart Motorways Kill, hopes to raise £20,000 to support the legal challenge.