Investigation and inquest
On the 18th February 2019 an investigation was opened into the death of Saeid Hedayat, aged 55. The investigation concluded at the end of the inquest on 1st October 2019. The conclusion of the inquest was that ‘Saeid Hedayat lost control of the vehicle he was driving on the B2112 which overturned. As a result of this he suffered a hypoxic brain injury and died’.
Circumstances of the death
On the 8th February 2019 Saeid was involved in a single vehicle road traffic collision. Following heavy rain the B2112 was flooded across the westbound carriageway. This flooding resulted from the blockage of drain number B9913 with debris and silt. The blockage occurred on top of the drain grating in zone 1. Nothing in the other zones of the drain impeded the drainage of water.
When the police collision investigator attended the scene 2 hours and 50 minutes after the collision the water was receding but still measured up to 7cm in depth. I found that the depth of the flood at the time of the incident was likely to be greater than this.
There is no lighting at the location and the road is subject to the national speed limit.
No conclusions could be drawn from the evidence available about the speed at which Saeid was driving.
Saeid either lost control after swerving to avoid the floodwaters or as a result of aquaplaning having hit the floodwaters. After losing control his vehicle flipped and landed on its roof causing multiple injuries.
Coroner’s concerns
(1) West Sussex County Council’s risk assessment which was carried out to determine drain clearance frequency did not take any account of zone 1 blockages and I heard evidence that there is no time period set for reviewing the risk assessments. I heard evidence that the risk levels have not been reviewed since 2011 despite more recent data being available.
(2) I also heard evidence that neither anomalous silt level reports nor reports from members of the public of road flooding would trigger a review of the risk assessments.
(3) The highways authority representative at the inquest was not able to inform me of what plans West Sussex County Council has to reassess the drain risk levels in light of the increased severity of winter storms.
(4) I found that drain numbered B9913 was blocked on a regular basis due to debris and silt collecting in zone 1. There are no warning signs (temporary or permanent) drawing drivers’ attention to the flood risk despite this. I heard evidence that signs would not normally be installed unless the highways authority were not able to immediately resolve the flooding if they attended. This approach does not appear to adequately deal with the risks posed where road flooding occurs regularly due to a zone 1 blockage.