John Thomas: Prevention of future deaths report

Road (Highways Safety) related deaths

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Date of report: 15/12/2023

Ref: 2023-0527

Deceased name: John Thomas

Coroner name: John Gittins

Coroner Area: North Wales East and Central

Category: Road (Highways Safety) related deaths

This report is being sent to: Denbigshire County Council

REGULATION 28 REPORT TO PREVENT FUTURE DEATHS  
 THIS REPORT IS BEING SENT TO:
Denbighshire County Council (“the Local Authority”)
1CORONER
I am John Gittins, Senior Coroner for North Wales (East and Central)
2CORONER’S LEGAL POWERS
I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013.
3INVESTIGATION and INQUEST  
On the 6th of December 2023 an investigation was commenced into the death of John Michael Thomas (DOB 4/5/94) who died on the 2nd of December 2023 following a road traffic collision on the A539 outside Llangollen. An inquest has been opened in relation to Mr Thomas’ death and has been adjourned to allow a Roads Policing Investigation to provide evidence concerning this death.
4CIRCUMSTANCES OF THE DEATH   The death occurred when the deceased lost control of the motorcycle he was riding and collided with an oncoming vehicle, sustaining fatal injuries as a result.
5CORONER’S CONCERNS  
In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my statutory duty to report to you.  

The MATTERS OF CONCERN are as follows.
Initial indications by way of witness evidence suggest that the loss of control occurred as a result of Mr Thomas’ motorcycle “slipping on the road”.   My understanding is that this has occurred near to the Sun Trevor Public House, and I have been made aware that some issues regarding flooding and the general condition of this part of the highway had been made known to the Local Authority prior to the accident.  

Furthermore my understanding is that concerns have also been raised with the Local Authority in relation to surface water/flooding on another part of the A539 near to Llangollen, namely near to the Wenfrwdd Pocket Park entrance.

I am therefore concerned that if action is not taken to remedy these issues, there is a risk that future deaths may occur.
6ACTION SHOULD BE TAKEN
In my opinion action should be taken to prevent future deaths and I believe you have the power to take such action.
7YOUR RESPONSE
You are under a duty to respond to this report within 56 days of the date of this report, namely 9th February 2024. I, John Gittins, 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.
8COPIES and PUBLICATION
I have sent a copy of my report to the Family of the Deceased and to the Chief Coroner. I am also under a duty to send the Chief Coroner a copy of your response.

The Chief Coroner may publish either or both in a complete or redacted or summary form. He may send a copy of this report to any person who he believes may find it useful or of interest. You may make representations to me, the coroner, at the time of your response, about the release or the publication of your response by the Chief Coroner.
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15th December 2023 Senior Coroner for North Wales (East and Central)