Solicitor Rory MacCarron speaking to the London Assembly Police and Crime Committee.
Rory McCarron, a senior solicitor at Leigh Day, told the Police and Crime Committee that important evidence is not gathered. Image: GLA webcast.

Victims of road collisions in London are being denied justice because of a lack of guidance for police collecting evidence, City Hall has heard.

An inconsistent and uncertain approach to evidence-gathering by officers means that there is sometimes not enough information to prosecute, London Assembly members were told on Tuesday.

Rory McCarron, a senior solicitor at Leigh Day, said at a meeting of the Assemblyโ€™s police and crime committee: โ€œIโ€™m not convinced that one officer to the next knows exactly what theyโ€™re looking for.

โ€œCertain, very basic information is lost at that initial stage [immediately after a collision] — capturing witnesses who might be at the scene, looking to see if thereโ€™s a traffic camera or a commercial property that might capture that footage of what happened.

โ€œBasic things like photographs of the scene, positions of vehicles, positions of where people would have been travelling from, where did the victim end up when a collision has occurred.โ€

McCarron, who generally works with injured cyclists and pedestrians, clarified that there can also be more positive outcomes, where โ€œthereโ€™s been a really good initial search of the scene to see what has happened and get that information togetherโ€.

He suggested that officers be instructed to use their body-worn cameras — which are switched on during stop and search — to record footage of the collision site and document evidence that way.

According to Transport for London (TfL), there were 23,465 reported collisions on Londonโ€™s roads in 2022, resulting in 102 people being killed, 3,859 being seriously injured and 23,246 being slightly injured.

But it was said at Tuesdayโ€™s meeting that the true number of serious injuries could be higher.

Nick Simmons, CEO of the charity RoadPeace, said: โ€œOur sense is that the number of serious injuries is probably very significantly under-reported, so I think the problem is even worse than we might imagine it to be.โ€

The committee was told that this was because some injuries are not immediately recognised as being serious in the aftermath of a collision.

McCarron stressed that thorough investigations into collisions can be vitally important for victimsโ€™ finances, due to the need to establish liability when attempting to claim monetary support.

He said: โ€œSome victims live hand by mouth. Theyโ€™re reliant on a monthly income to pay for their mortgage or rent or whatever it might be, and sometimes when collisions happen, that is immediately cut off, because they donโ€™t have that income stream [due to injuries].

โ€œItโ€™s hugely important for police to be able to understand that whilst a prosecution may be serving justice, it doesnโ€™t plug those gaps in financial aid for a victim, and thatโ€™s where we [solicitors] come in.

โ€œIf an investigation isnโ€™t conducted properly, that has a material impact on the victim, what really counts for them in the long-term future.โ€

The Met Police has been approached for comment.

In 2018, mayor Sadiq Khan published his Vision Zero action plan, which aims to eliminate all deaths and serious injuries on Londonโ€™s transport system.

The 2022 target was to reduce the number of people who are killed or seriously injured by 65 per cent against 2005-09 levels. This was not met, with the number of people killed and seriously injured on Londonโ€™s roads only reduced by 38 per cent.

London Assembly: Police and Crime Committee – Wednesday 22 November 2023.


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