Fresh call for action on smart motoways as Mansfield widow teams up with grieving family to highlight dangers

Claire Mercer with her husband Jason Mercer, who died in a smart motorway accident.

Jason Mercer, 47, and Alexandru Murgreanu, 22, from Mansfield, and Nargis Begum, 62, died in separate crashes on a stretch of the M1 near Sheffield.

Following Jason’s death, his widow Claire instructed specialist lawyers at Irwin Mitchell to investigate bringing a judicial review against Highways England calling for the use of smart motorways to be halted.

Nargis’s family have now launched a separate legal case against Highways England in connection with her death.

The families have teamed up to lobby Highways England for change. As part of the Smart Motorways Kill movement, the families want to hear from others who have either been injured or had relatives die on the stretches of road where the traditional hard shoulder has been replaced.

Helen Smith, the expert public law and human rights lawyer at Irwin Mitchell, representing Claire, said: “Claire and Nargis’s family are steadfast in their belief that smart motorways cost lives.

“As part of our investigations into Claire’s case we’re continuing to uncover more information about smart motorways which backs up that view.

"A recent survey also found more than half of drivers questioned didn’t know to use a smart motorway which just adds to the groundswell of opinion that there needs to be change.”

Jason and Alexandru were killed when they were knocked down by a lorry shortly after the pair was involved in a minor collision near junction 34 of the M1 near Meadowhall. The pair had pulled over to the roadside as far as they could but the lane was not closed until after the incident.

Nargis and her husband who had been driving, exited their vehicle and were waiting for help to arrive when another vehicle then collided with their vehicle causing the Nissan to plough into Nargis.

The stranded Nissan had its hazard lights on for 17 minutes when the other vehicle collided with it. The lane had not been closed to traffic.

A total of four people have died in collisions on the M1 around Sheffield in ten months.

Christopher Kardajhi, the specialist road accident lawyer at Irwin Mitchell representing Nargis’s family, said: “Smart motorway safety continues to be in the spotlight with the number of people killed on such routes a major cause for concern.

“We’re determined to do everything we can to support families affected by the use of smart motorways and provide the families with the answers they deserve.”

Claire added: “It’s too late for me and Nargis's family and nothing will ever replace the hurt and anger we feel. However, we do take some small comfort from trying to help and support each other.

“We’re determined to honour the memory of Jason and Nargis by pushing for change. We know only too well the dangers of smart motorways and no doubt others do. However, they don’t have to be alone and we can campaign for change together.”

Claire has launched a crowdfunding campaign to try and raise £20,000 to help challenge the government’s policy on Smart Motorways.

For more information visit https://www.crowdjustice.com/case/smart-motorway-jr/.