Dorothy Nias

I am Ms Emma Hillson, Assistant Coroner for the coroner area of Cornwall and the Isles of Scilly.

On 9 November 2023, I commenced an investigation into the death of  Dorothy Jennifer Nias aged 90. The investigation concluded at the end of the inquest on 20 November 2024. I recorded the cause of death as I a) Lower Respiratory Tract Infection I b) Multiple Injuries 1 c) Road Traffic Collision II Frailty My conclusion as to the death was as follows: Road Traffic Collision

On Wednesday 14 June 2023 Dorothy Nias was driving an automatic  transmission vehicle owned by her since April 2017. She was driving  downhill on a dual carriageway section of road on the A39 at Devoran, Truro approaching a roundabout with a speed restriction of 50mph. On  approach she moved into lane 2 continuing at speed before mounting the roundabout, travelling across to the other side where she hit a lamp  post causing her vehicle to rotate and land in the opposite direction of  travel. The lamp post then fell but did not cause any further injury or  incident.  Miss Nias later stated that she had confused her brake and  accelerator pedals and, in an attempt to prevent hitting the vehicles in  front of her in lane 1, she moved to lane 2. There was no evidence of any vehicle defect. There were no other vehicles involved and no  evidence of any other feature that caused or contributed to the collision. It was a dry and fine day.  As a result of the collision she sustained  multiple injuries and did not regain her mobility with a gradual  deterioration in her condition. She died on 6 November 2023.

During the course of the investigation, the evidence has revealed  matters giving rise to concern. In my opinion there is a risk that future deaths will occur unless action is taken. In the circumstances it is my  statutory duty to report to you. The MATTERS OF CONCERN are as follows. It was clear from the evidence that there were concerns raised by family members to Miss Nias regarding her ability to continue to drive  having had a number of minor incidents prior to this collision.  Despite  encouragement to use alternative means of transport she was  described as independent and chose to continue. The accident was  caused by confusion between her brake and accelerator pedals in an  automatic transmission vehicle, allowing her speed to increase without  restriction and as a result she was unable to negotiate the roundabout  leading to the collision.  At present there is no upper age limit for drivers. Drivers over 70 are required to apply for a new licence every 3 years and there is no requirement for there to be any form of medical  check or assessment to confirm fitness to drive. The applicant must  make a self-declaration. Between the years of 2019 and 2023 there was a total of 221 fatal collisions recorded within the Devon and Cornwall Police force area. There were 3,145 serious collisions and 15,868 slight injury casualties. Of the above collisions, 28 fatal collisions had a contributory factor of a person aged 70 or over. 310 serious collisions and 1,058 slight injury  collisions. Of the above 28 fatal collisions 14 deaths were people of 70 years or  older. 132 people of the 310 serious collisions were 70 or older and 604 people from the slight injury collisions were of the same age bracket.

In my opinion action should be taken to prevent future deaths and I believe your organisation have the power to take such action.