Published today (13 August), the research examined road victims’ experiences of the criminal justice system, and found that many face uncertainty, delays, and barriers to information, support and justice.
Despite the fact that more people are killed on the roads than through homicide, road victims and families often report that incidents are not taken seriously. In particular, victims encountered lengthy police investigations, poor communication, court delays and difficulties accessing support following life-changing and fatal criminal collisions.
They also described feeling excluded from court proceedings because of poor courtroom facilities and practical barriers, and many were dissatisfied with sentencing outcomes, particularly where a custodial sentence was not imposed following a fatal collision.
According to the research, some people waited more than two months for witness statements to be taken, while it took an average of 372 days for police to record an outcome in investigations into causing death by driving offences.
Victims’ Commissioner for England and Wales, Claire Waxman OBE said: “Behind every road death or serious injury is a victim, a grieving family and lives changed forever. Yet too many victims told me they felt road crime was not treated with the seriousness it deserved and that the harm they had suffered mattered less than other serious crimes.
“Many spoke of lengthy investigations, poor communication, repeated delays and a lack of support at the very time they needed it most. Some were forced to fight for basic information, answers and recognition while trying to cope with unimaginable loss and trauma.
“These experiences are not inevitable. Where victims received trauma-informed support from dedicated Family Liaison Officers and specialist charities, the difference was profound. These examples show that a better, more compassionate approach is possible.
“My report sets out practical recommendations to improve investigations, strengthen support and ensure that every victim of a road traffic collision is treated with the dignity, recognition and care they deserve.”
‘It took nine weeks to interview the bus driver’
John died after being knocked off his bike by a minibus. The criminal justice system left Louise with more questions than answers.
John Liddle died after being knocked off his bicycle by a minibus in May 2023. There were no witnesses and the driver of the bus was not prosecuted. Delays in the investigation left John’s wife, Louise, with more questions than answers about what happened.
Louise said her experience of the criminal justice system echoes those presented in the report. “In my case, red tape meant the police weren’t able to interview the bus driver for nine weeks, and they didn’t have the power to suspend his driving licence pending the outcome of the investigation.
“So, he returned to work straight away, driving minibuses past my house every day. That was incredibly traumatic and I had to move away from the area as a result.
“After John died, I was waiting a fortnight for the coroner’s office to release his body. We eventually had the funeral, but we still had no information about how John died, so we had to say our goodbyes without knowing what really happened and why.
“The criminal justice system often relied on me asking the right questions – about timescales, procedures, what information could be shared – but my husband was in a coma, I had two little boys to look after, and I was having to make life and death decisions about our future.”
Louise received support from Brake after John’s death. However, unlike families bereaved through homicide, those bereaved by road crashes are not eligible for Government-funded support, like that available from the National Homicide Service.
The report highlights the critical role specialist road traffic collision support organisations, like Brake, play in helping victims rebuild their lives, with many describing that support as "lifesaving".
But it also found that many victims reported they were never directly referred to these services, which are often stretched due to lack of central funding, and instead found support through their own research or personal contacts.
‘We need parity with other victims’
Liam was just 20 when he was killed in a crash. His parents Joan and Mike say that through the lengthy investigation and coronial process they felt desperately let down.
Joan and Mike O’Connor, who were supported by Brake after their 20-year-old son Liam was killed in a crash in June 2023, said: “Access to support shouldn’t be a postcode lottery. The families of murder victims rightly get government funding, yet road traffic victims and the charities that represent them get nothing. We must have parity with victims of other crimes.”
Liam died after being hit by a taxi as he stepped onto a pedestrian crossing. The case was passed to the CPS to consider a charge of causing death by careless driving, but it was ruled that there was insufficient evidence to proceed with a criminal prosecution against the taxi driver.
Joan and Mike say that through the lengthy investigation and coronial process they felt desperately let down, shut out, and re-traumatised.
“The police investigation and collision report took 15 months to complete. Our FLO was decent and kind and updated us, often just to report a lack of any progress. The coroner’s inquest finally took place more than two years after Liam’s death and by this stage, we just wanted to find out what happened on that night.
“We had been told after Liam died that there was dashcam footage from the ambulance on the scene, but it was poor quality and didn’t add anything to the investigation. Shockingly, that footage of the moments after the crash was introduced in the middle of the inquest without any prior disclosure or discussion.
“We should have been given the choice whether we wanted to see the video from the start, but we weren’t. The experience was completely re-traumatising.”
Victim-centred recommendations
‘Forgotten victims: Barriers to justice following a road traffic collision’ makes six formal recommendations across five areas, centred on improving the experience of road victims:
- Strengthen national standards, oversight and accountability for road traffic collision investigations.
- Implement consistent trauma-informed training for police officers and staff.
- Secure sustainable funding for specialist road traffic collision victim support services.
- Roll out direct police referrals into specialist support services.
- Improve access to information about compensation and civil claims processes.
Ross Moorlock, CEO of Brake, said: “We are pleased to see the Victims’ Commissioner has conducted this very important piece of research and that, crucially, road crash victims have been an integral part of it.
“Sadly, the report’s findings come as no surprise. Last year, Brake’s National Road Victim Service supported many people whose lives have been torn apart by road crashes. We bear witness every day to the devastation victims experience in the aftermath of a crash, when too often the criminal justice process adds further trauma.
“This report highlights what we have known for a long time – that road crime is not treated with the gravity it demands, and that road victims are swept aside by systemic failings of a process that is meant to support them.
“We welcome the report’s findings, in particular the call for secure and sustainable funding for specialist, trauma-informed support for road victims and their families. In addition, we must implement robust and seamless direct referral processes, so that victims have access to the practical and emotional support they need.
“We are hopeful that the report and its recommendations will be a catalyst for change. We look forward to working collaboratively to ensure meaningful progress can be made.”
Joan and Mike also welcomed the report’s recommendations, adding that trauma-informed training should be ongoing, and mandatory for professionals across the criminal justice system, including coroners and crown prosecution service staff.
They said: “What has also shocked us is that nearly every professional we encountered did not take the consequences of road traffic collisions and Liam’s death seriously. They downplayed what had happened while victim-blaming our son, whose voice could not be heard.
“If our fit, healthy 20-year-old son had died in any other circumstance, such as a drunken punch while still inside the pub that night, we believe the response of the CPS would have been completely different.
“Instead, victims of road collisions are treated like second-class victims. It feels like the system is so focussed on protecting suspects that it throws up endless barriers to justice for families like ours.”
Louise believes consistent standards across collision investigation will empower the authorities to provide victim-centred care.
She said: “It wasn't lack of sensitivity, but a lack of understanding of the deeply traumatic situation I’d been plunged into overnight, which prevented the police from being able to hold us through the process.
“I felt the police were on my side throughout and were genuinely fighting for my case. They appealed the CPS’s decision not to prosecute the bus driver twice. But so much is out of their control because protocols limit what action they can take and what information they can share.
“Victims don't just suffer because of the incident itself. They suffer because of the uncertainty, the delays and the lack of trauma-informed support afterwards. We should not have to become campaigners to fix the system.”