The Independent London Newspaper
22nd February 2012

Letters

Call for TfL to face ‘Corporate manslaughter’ charge over delayed safety work at junction

Published: 20 October 2011
by TOM FOOT

A CORONER has been asked to investigate whether Transport for London could be charged for “corporate manslaughter” over the death of a cyclist at a busy King’s Cross junction.

Central St Martins fashion student Min Joo Lee, 24, died under the wheels of a heavy goods vehicle as she cycled across Euston Road at the junction with Gray’s Inn Road and York Way on October 3.

The New Journal has revealed how TfL had not started planned safety works or implemented recommendations made in a report it commissioned in 2008.

King’s Cross activist Will Perrin has written to police and St Pancras coroner Dr Andrew Reid claiming that TfL has been “grossly negligent in their duty of care” and should be charged under the Corporate Man­slaughter Act 2007.

He said: “TfL took a decision not to act on the report’s recommendations promptly. Now a woman is dead.”

When the legislation was debated in 2007, TfL argued that the law should not aim “to catch companies or others making proper efforts to operate in a safe or responsible fashion” or where “appropriate standards are not quite met”.

Meanwhile, detailed analysis of traffic trends reveals a huge rise in cyclists around King’s Cross. Department of Transport statistics show how almost 4,000 cyclists cross Euston Road in Camden each day – compared to about 750 in 1999.

The figures reveal how cyclists at the junction make up 6 per cent of the total traffic flow – compared to 1 per cent in 1999.

The New Journal reported earlier this month how crucial cycle safety changes at the junction had been considered but not implemented.

Lib Dem councillor Paul Braithwaite, Camden’s cycling champion, said: “It’s time to press the nuclear button and try to overturn the rot at the top of TfL – they are dominated by bus considerations and seemingly indifferent to cyclist and pedestrian safety.”

A HGV – the kind of lorry involved in accidents that killed 11 cyclists in Camden and Islington in the past five years – is expected to be wheeled into a cycling safety event at the School of Oriental and African Studies in Bloomsbury on Friday.

Lorry drivers will swap places with cyclists to understand more about each other’s habits. The free event, in Torrington Place, includes safety checks, information on cycle routes and details of free cycle skills courses offered by Camden Council.

l The sister of a Kentish Town woman cyclist, Eilidh Cairns, who was killed by a lorry is fighting a legal battle for a fresh inquest to investigate “the huge problem” of cycling deaths.

On Tuesday, Kate Cairns, 38, asked a High Court judge to order a fresh inquest, accusing the Westminster coroner of being “reluctant”.

 

Comments

Getting to the root of the problem

In one listing of the fatalities I see only one of the two similar deaths on Camley Street/Goodsway listed and no mention at all of the injuries and damaged bikes (I recall reports of a tractor/trailer incident at Goodsway/York Way during CTRL works, and one deplorable piece of driving by a contractor that had their contract immediately terminated, although fortunately no one was killed or injured when the truck drove past traffic queuing at Pancras Road lights, against the direction of oncoming traffic and then turned left).

Unlike buses HGV's do not have a requirement to put the registered address of the operator on clear display on the nearside of the vehicle, and 'in livery' operation means that many of the truck in corporate colours are actually operated by small independent companies, we should improve accountability here and get the Traffic Commissioners to act more effectively to rein in those who are clearly a danger to the public in the way they operate.

A further blind spot is that vast variation between the regime on the site - most of the trucks that kill are used in construction work and related activities - and out on the road. Construction Design and Management (CDM) requires that a risk assessment is carried out for each operation, and an associated task plan is provided for it, on site. Trucks moving around in the restricted spaces on site MUST have a banksman and even have routes etc specified. I arrived on the scene shortly after one fatal crash in London, and a clear causal factor in the incident was the haste of the truck driver to make a turn across a lane of traffic (where the cyclist was riding) in order to use a totally unsuitable narrow city lane as a short cut to the site with the load of concrete. A route plan, with effective policing for compliance and speed can be delivered if the incentive is there, and the employers' duty to ensure that eyesight, and other driver issues in driving or heath history, are known and appropriately managed.

Track back those fatalities - one concrete truck killed 2 people and put a third in a wheelchair with the same driver reportedly in 2 of the incidents. Detail is there action is not.

This does not absolve TfL from their failure to act, on reports they themselves commissioned to inform them on action to be taken, its not the only one. A report in 2007 advocating measures for trams and cycles in Croydon has been ignored for 4 years, and despite many pointing out the flaws in the original traffic arrangements at St Pancras the original plans went ahead, and only the persistence of the users in ignoring the stupidity of the single lane - double white line Southbound on Pancras Road and other detail has forced the remedy. A similar detail has been forced on Pentonville Road Westbound where the outer traffic lane, feeding the bus lane, where most confident cyclists already planted themselves, is now marked - but we had to see cyclists killed by large vehicles overtaking and turning left before this detail - which would be obvious to anyone watching how experienced riders use the road here - was delivered.

The junction has a wide road which fits in the equivalent of 5 lanes of traffic with the wide bus lane, funnelling down within a short distance to 1 lane up York Way and 2 lanes on Euston Road. On bike you have to claim the lane, as the Euston Road 'choke' has lanes of below standard width, on a bend and with a very poor road surface that can bring a bike down. Heading east the left turn into York Way hard across the buses pulling away from the Kings Cross bus stops means again that taking a lane is the way to keep safe, in the current road layout. That left turn should be blocked to Euston Road traffic, except buses turning from the bus stops to the bus stands in York Way, as the route to York Way via Pancras Road for motor traffic effectively duplicates it, and given the generally light traffic along Midland Road the real solution is to restore 2-way operation, and send all through traffic this way, leaving the area between the stations for access only

another today

another one today at the same place

Post new comment

By submitting this form, you accept the Mollom privacy policy.