1. Overview Current situation Safer–traffic law enforcement
Fairer–post crash response
Investigation and prosecution
Compensation and rights of victims

2. supporting crash victims and reducing road danger since 1992
RoadPeace
supporting crash victims and reducing road danger since 1992
“Cyclists beware, there is no justice. In the eyes of the law you are in the wrong, whatever happens”.

3. Road danger reduction Different from road safety, in that:
Duty of care must be shouldered by those posing the greatest threat.
Concerned not just about road casualties but all consequences of inappropriate and excessive use of motor vehicles.
Reduce the speed, volume and dominance of the motor vehicle.

4. Current situation National casualties Trend External causes London
Under-reporting
Contributory factors
DfT & road safety

5. Reported road casualties (2010)

6. Who dies: the trend

7. External Causes of Death for the Young (2008)
Homicide
Initial view: External causes of death for young people.
Coloured segments relate to road deaths.
Monochrome patterns to non-road deaths.
Considerable variations between age groups with deaths:
Pedal cycles and pedestrians declining
Vehicle occupancy rising to a peak for 17-19
First click
Identifies Homicide
Much less significant than road deaths for all age groups

8. Reported road casualties in London

9. Total cost of crashes £30 billion
Under-reporting
Police
DfT estimate
Serious injuries
23,000
80,000
Total casualties
207,000
700,000
Source: Dft, 2010, 2011
Total cost of crashes £30 billion

10. Contributory factors (2009)
Note: DfT estimates 360 killed in drink drive crashes in 2009 (80% more than the police)
Note: DfT estimates 360 killed in drink drive crashes (80% more than the police)

11. DfT Road Safety Strategy
Then
( )
Now
( )
Road Safety Strategy
Strategic Framework
10 themes
3 themes
150 actions
12 actions
40% K/SI target
reduction
no targets but…
monitoring of casualties, rates and perception of safety
We intend for the action we take to be seen as acceptable and proportionate to the majority of motorists. (DfT, 2011)

12. UN Decade of Road Safety
Gets a racing start

13. DfT Business Plan: where is road safety?
5 structural reform priorities
4. Tackle carbon and congestion on our roads
Switch to more effective ways to make our roads safer
i. Stop central government funding to local bodies for new fixed speed cameras.
ii. Work with local authorities to publish speed camera data.
(And these are the only two references to speed in the entire document that do not relate to high speed rail)

14. Localism: speed reduction in Southwark
with Southwark Council, Southwark Police & MPS Roads Policing
Key lessons
Work through Safer Neighbourhood Teams–ask for speed enforcement from Roads Police
Ask for traffic safety and collision maps to be included in police community consultative group meetings.
Ask for borough lead on traffic safety and collision investigation
Ask for annual review of RDR efforts

15. Fairness and the post crash response
Collision investigation and inquest
Criminal prosecution and sentencing
Civil compensation
Rights of crash victims

16. National consistency? Published in 2001 but advisory only
43 independent police services
DfT estimates minimum resources allocated to collision investigation

17. Speed estimates Rare to get accurate speed estimates
Difficult to estimate, especially with vulnerable road user collisions
Black box data rare
Lack of technical guidance

18. Witness statements Cc Empirical evidence for rapid memory decay
steep forgetting curve Cc
Forgetting Curve

19. Collision investigation in London
Who investigates?
Road death/life threatening collisions: Specialist collision investigator based at four traffic garages
Injury collisions:
Scene attended by borough police but investigated by Traffic Criminal Justice Unit based at Sidcup

20. Inquests: lessons not learned
Some 70% road deaths
have inquests
But…
Families hurt by limited disclosure
No training for coroners
Coroner powers rarely used
No road death verdict “accident”
and Coroner reform being rolled back

21. Criminal prosecution Key concerns for RoadPeace Charging decision
Charging standards
careless vs. dangerous
Lack of training
Lack of transparency
Sentencing
culpability vs consequences

22. Causing death by driving
Dangerous Driving
Careless Driving whilst Under the Influence
Careless Driving
Driving whilst unlicensed, disqualified or uninsured

23. Causing death by…

24. Prison sentences

25. Causing death by careless driving penalties

26. Driving bans for causing death/bodily harm
Year: 2010
5 in 6 drivers who have killed get a shorter ban than a second time drink driver

27. Motoring convictions (2010)
England and Wales
Metropolitan Police
Causing death or bodily harm
552 61
Dangerous driving
4001
470
Careless driving
58,721
8,414
Drink driving
60,888
14,126

28. Civil compensation Stricter liability–civilised compensation system
Reverses the burden of proof in collisions with pedestrians and cyclists, and
does not affect criminal prosecution
does not reward bad behaviour
protects children and older people

29. If victim contributed to collision...
Who already has it
Country
Year
If victim contributed to collision...
Denmark
1986
No effect with injury compensation but property damage compensation will be reduced
France
1985
No effect if victim under age 16 or over 70 or 20% disabled
Germany
1909*
No effect if victim under 10
Netherlands
early 1990s
No effect if victim under age 14 and others cannot be > 50% liable.

30. Rights of crash victims
…are not the same as victims of crime
Not same
right to information X
nor included in crime statistics X
right to support services X

31. Dedicated to Barry Mason – a modern day hero

32. Thanks to Network for Social Change for
Join Us
RoadPeace
a membership charity
Thanks to Network for Social Change for
funding our work