The Court of Appeal handed down judgment in October 2026 in a case concerning a fatal accident on a smart motorway all-lane-running (ALR) section where the emergency refuge area (ERA) indicator and stopped vehicle detection (SVD) system had not activated correctly. The court held that National Highways (the government company responsible for operating England's strategic road network) owed a duty of care to road users and could be liable in negligence where a foreseeable risk arose from the failure of safety-critical infrastructure it was responsible for maintaining.
Legal significance. Previously there was significant uncertainty about whether National Highways could be sued for operational failures on smart motorways, as opposed to design decisions (which attract greater public authority immunity). The Court of Appeal drew a distinction: design decisions attracting policy considerations enjoy greater protection; operational failures — such as failing to ensure the SVD system was functioning — fall within the scope of ordinary negligence liability. The negligence glossary entry sets out the duty of care, breach, and causation framework this judgment applies.
For injured motorists and bereaved families. If you or a family member were involved in a smart motorway incident and there is evidence that safety systems were not operating as they should, this judgment opens a potential route to compensation for National Highways' operational failures. Claims must be brought within three years of the date of the accident under the Limitation Act 1980, s.11. The National Highways website publishes incident and safety data. Most personal injury claims of this nature are pursued under a conditional fee agreement — see the legal aid explainer for funding options.