Warren Myers

PFD Report Partially Responded Ref: 2017-0032
Date of Report 9 February 2017
Coroner Andrew Tweddle
Response Deadline ✓ from report 5 April 2017
1 of 2 responded · Over 2 years old
Sent To
Response Status
Responses 1 of 2
56-Day Deadline 5 Apr 2017
Over 2 years old — no identified published response
About PFD responses

Organisations named in PFD reports must respond within 56 days explaining what actions they are taking.

Source: Courts and Tribunals Judiciary

Coroner's Concerns AI summary
Inadequate warning signage on the approach to the corner significantly contributed to the accident risk.
Responses
Durham County Council
6 Apr 2017
Response received
View full response
Dear Mr Tweddle Coroners (Investigations) Regulations 2013 _ Regulation 28 Mr Warren Michael Myers, Deceased Thank you for your letter and Regulation 28 report dated 9 February 2017 which Terry Collins, Chief Executive, has asked me to respond to_ This was tragic accident and the Council wishes to express its sincere condolences to the family and friends of Mr Myers In accordance with Regulation 28 we have considered whether any improvements can be made to our procedures to prevent future accidents_ acknowledge that this response was due by 5 April and apologise for the late response which was due to an oversight Site Investigation Following Fatal Accident Report The Council has an Accident Investigation and Prevention team and one of their roles is to investigate every fatal accident in conjunction with Durham Constabulary's Traffic Management Unit: Please find attached a copy of the report at Appendix 1. These reports are undertaken to help identify any defects or improvements to the highway infrastructure. The report made the following recommendations although it noted that were not considered to be contributory factors to the accident: No. Recommendation Action Provide suitable Bend ahead' warning Both Bend Ahead warning signs have signs in-line with the 85th percentile been increased in size from 6Omm high speeds on approach to the bend in both to 750mm high: directions of travel 2 The existing chevron plate for wlbound The chevron sign has been re-erected motorists has slipped down the post and and is clearly visible: is now not clearly visible Regeneration and Local Services Durham County Council, Traffic Assets, County Hall, Durham: DHI SUQ e-mail: ns traffic@durham gov.uk wwdurham gov uk they

3 The appropriately sized chevrons The size of the yellow boarder on the (including appropriate yellow backing) chevron signs confirms to TSRGD 1994. should be provided on the bend to The chevron sign is still functional and benefit both directions of travel. Clear therefore no requirement to make visibility of the signs should be provided. changes until the chevron needs to be replaced: Due to the amount of kerb strikes, this An additional chevron sign (TSRGD bend may benefit from additional | Diagram
515) has been erected for engineering measures to warn of the eastbound traffic, offset to the right of bend and reduce approach speeds in the dropped kerbsltrack. both directions of travel, Hazard Marker Posts (10 no.) have been installed around the outer radius of the bend at 5 metre spacing_ The photographs detailed below that were taken on 28 February 2017 shows the current road signs layout for eastbound traffic following the implementation of the above recommendationslactions .

Advisory Maximum Speed Sign We have considered your recommendation of an 'advisory maximum speed sign' for the eastbound direction of travel: The Council is required to follow the Department for Transport's traffic sign regulations which include the following maximum speed sign (diag: 513.2): Max speed 30 The regulations for this sign state: "Maximum Speed Advised" is prescribed for use only in combination with the "Loose chippings" sign (Diag: 7009) or the bend warning signs (Diag: 512, 512.1, 512.2 or 513) The sign should be used sparingly, as in general it should be for drivers to judge what speed to adopt It is not easy to determine a standard safe speed to negotiate a bend; factors which influence this include radius of curvature, camberlsuper elevation, road surface condition and type of vehicle. The sign may be used where the road layout is such that a driver might be misled, e.g. at an exit from high-speed road where significant slowing is required before negotiating a sharp bend. It may also be used on high-speed roads where the horizontal design radius cannot be achieved, but a mandatory speed limit is not imposed: It must not be used with mandatory speed limit signs, nor in place of repeater signs: The above criteria for "Maximum Speed Advised" sign are not met at this location. However; the traffic sign regulations do include the following "Reduce Speed Now" sign as follows (diag: 511):

REDUCE SPEED NOW The regulations for this sign state: "An alternative to diagram 513.2 where drivers tend to enter a bend at excessive speed, is to plate the bend warning sign with diagram 511 "Reduce Speed Now" signs: The above criteria is met for this sign and therefore we will install a "Reduce Speed Now" sign plate below the existing eastbound combined 'bend to the rightlhorse warning' sign arrangement by the end of May 2017 . hope the above actions reassure you that We have addressed all the recommendations made.
Action Should Be Taken
In my opinion action should be taken to prevent future deaths and believe you 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 5 April 2017 . I, 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:
Report Sections
Investigation and Inquest
On 30th June 2016 commenced an investigation into the death of Warren Michael Myers aged 49 years. The investigation concluded at the end of the inquest on Bih February 2017. The cause of death was Ia. Traumatic Chest Injuries The conclusion of the inquest was Road Traffic Collision
Circumstances of the Death
The deceased died in a fatal road traffic collision which occurred at around 19.50 hours on Wednesday 22n June 2016 on the unclassified 42.3 Brusselton Lane road between the A698 road and the A6072 road, County Durham: Road and weather conditions were The deceased was riding a motorised trike which was found to be in a road worthy condition. The deceased failed to negotiate a right hand bend and evidence indicated that he was driving too fast for that bend, though well within the speed limit of 60 miles per hour: There was no evidence to indicate that he had been driving inappropriately prior to the collision. The evidence was that he was driving along a road with which he was not familiar and was caught out by the severity of the right hand bend. The Police report notes that the kerb on the corner was peppered with marks indicative of it having been struck on a number of previous occasions. The Police indicated that they had been called t0 other incidents on this corner before and it was known to them: There are some warning signs. Evidence was given that the local authority had considered whether the load signage was adequate and deemed appropriate: The senior investigating officer believed that the signage was not adequate and that more needed to be done to warn road users of the severity of this bend. Evidence was given that a safe speed to go around the corner in a car would have been in the region of 25-30 miles per hour. It was suggested in evidence that warning signs could be affixed to them of an advisory (and unenforceable) maximum speed Iimit direction which would give motorists a better appreciation of the hazard that were approaching:
Related Inquiry Recommendations

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Data sourced from Courts and Tribunals Judiciary under the Open Government Licence.