Mark Andrew Burgess · Prevention of Future Deaths report

On 26 November 2013, I commenced an investigation into the death of Mark Andrew Burgess, age 39. The investigation concluded at the end of the Inquest on 18 February 2014. The conclusion of the Inquest was that Mark Andrew Burgess died of multiple injuries; the conclusion being that of a road traffic collision.

At approximately 10:55pm on Saturday 23 November 2013, Mark Burgess was driving along the Westbound M65 at Junction 8 whilst under the influence of alcohol and whilst probably using a mobile ‘phone, when he lost control of his vehicle and collided with the nearside vehicle restraint system, as a consequence of which he was thrown from his vehicle and sustained fatal injuries.

I received a report from ████████ a Road Safety Engineer employed by Balfour Beatty Mott MacDonald, on behalf of the Highways Agency. That report confirmed that the current road lighting system for that section of the M65 Motorway was not operating during the hours of darkness, having been decommissioned in March 2011, as part of a “full lighting switch-off” process.

The collision involving Mr Burgess left debris in the carriageway, including an engine block which had become detached from his vehicle. I heard evidence from four witnesses, each of whom were unable to see the debris in the unlit carriageway, such that over a period of several minutes four other vehicles then collided with debris and/or accident damaged vehicles. In addition to Mr Burgess who was killed there were up to eleven other people who received varying degrees of injuries. The evidence I received was that in the absence of any street lighting and in the absence of any ambient light, including moonlight, and once vehicles had sustained sufficient damage such that no lights were operating, drivers were unable to avoid further collisions.