Thomas Mitchell

The tragedy of any death on the roads cannot be overstated. From the moment of the collision, the impact ripples through so many lives – agencies, organisations and then, of course, the families and loved ones of those involved in the collision. 

From the police officers, firefighters and paramedics attending the scene, to the doctors and nurses tasked with treating injured victims, to the insurers and solicitors who become involved in the event of legal proceedings. A single collision touches so many lives, so many people, it is almost immeasurable. 

However, one thing that is measurable is the collision statistics, which in Scotland are currently trending in the wrong direction. Total casualties on Scotland’s roads rose by three per cent in 2023. UK-wide, in 2020, road traffic collisions cost the UK economy an estimated £28.4 billion, including £1.5 billion in emergency treatment costs absorbed by the NHS. But, despite this, there is currently no independent body established to investigate these collisions and the reasons for them. 

The responsibility for the investigation of a road traffic collision in Scotland at present falls squarely on the underfunded and overstretched shoulders of Police Scotland.

Police Scotland are also responsible for the collation of collision data through a system called CRaSH, which allows the reporting and sharing of collision statistics with other governmental agencies for the purpose of formulating transport policy.

The problem with the current system is that the responsibility for accurate reporting of collision data falls on individual reporting police officers who attend the incident. Often these officers have received very little training as to how to complete CRaSH reports and this leads to statistical dubiety. This results in a “garbage in, garbage out” approach to road safety policy.

The information upon which road safety policies are based is not sound. This is most prevalent in motorcycle collisions, where fatalities and casualties are rising. Clearly, current road safety policy, programmes and messaging are not working. 

In my view, the responsibility for road collision investigation should not be borne by the police – it should be borne by an independent Road Collision Investigation Branch (RCIB). The police should investigate crime; the RCIB should investigate road traffic collisions.

Road traffic incidents cause more deaths in the UK than any other form of transport and yet other transportation methods have independent agencies to investigate the causes of failures leading to deaths or injuries and make recommendations to policymakers about actions that can prevent future disasters from happening.

We have the Rail Accident Investigation Branch, the Air Accidents Investigation Branch and the Maritime Accident Investigation Branch. All are statutory creations tasked with investigation of rail, aviation or sea disasters. So, why not have the same for road traffic collisions? 

An agency with a singular focus to investigate the causes of road traffic collisions must be considered a beneficial thing. The Royal Society for the Prevention of Accidents (RoSPA) and Brake, the road safety charity, both back the idea of an RCIB and it is hoped the new Labour government will consider this proposal within the new Transport Bill which has yet to materialise. 

Thomas Mitchell is a partner at RTA LAW LLP