British Army Rifleman died after crash in 'atrocious' weather on notorious Plymouth road

The tragic death of 21-year-old Army rifleman Jay Whiting along a road renowned for crashes in Plymouth has prompted a coroner to call for trees lining it to be felled. Jay was driving alone to McDonald's behind a friend's car in 'atrocious' wet and windy weather at around 2.10am on Saturday, January 7, 2023, along Embankment Road when he lost control of his vehicle and collided with a mature tree.

Jay, from Plymouth, was resuscitated at the scene and taken to Derriford Hospital where he died later that day. The cause of his death was a severe head injury.

His inquest at Exeter Coroner's Court yesterday, November 14, began with the coroner playing a moving video of tributes submitted by Jay's family which showed he was a much loved, immensely popular and fun-loving young and caring man who had his whole life to look forward to, and had already achieved many great things during his short lifetime, particularly in his career in the Army.

When the evidence began to be read, the driver of the car Jay was following told in a statement how in his car he had been travelling at a speed of up to 50mph along a northbound straight section of Embankment Road and described there being 'lots of puddles on the road' that were 'hard to make out' because it was dark and raining.

He recalled: "I went through a big puddle. It made the car jolt and vibrate as the wheels went through. I was able to keep control.

"Immediately after I looked in the rear view mirror and could not see Jay's lights anymore."

He added Jay had been travelling at a slower speed and said: "We were not racing or driving in a dangerous way." Neither Jay or the driver of the other car were under the influence of alcohol or drugs.

A passenger in the friend's car told how they had tried to contact Jay after they lost sight of him and when he didn't respond they drove back to where they had last seen him and saw his car 'smashed up' into a tree.

Describing Jay as a good driver who enjoyed working on cars, the friend said: "I had been a passenger before in his car and always felt safe."

Jay's girlfriend told in a statement she also felt safe in his car but said the driver seat did not lock into place which meant he had to use the steering wheel to 'pull himself forward'.

A forensic examination of the vehicle concluded the poor condition of the rear tyres could have been a contributory factor in the collision, that Jay had not been wearing his seatbelt and the driver's seat was at a 'considerable reclined angle'. It was also noted the handbrake was activated.

Further evidence confirmed Jay had bought his second-hand green Lexus saloon a few weeks before the crash and its MoT was due the month after his death. The previous owner confirmed the driver's seat had been operating correctly when she sold it.

Collision investigator Andrew Fletcher told the coroner that had Jay been wearing his seatbelt, the tragic outcome would have still been the same due to colliding with a tree close to the road.

He said: “It would have had very little effect on the level of injury.” In relation to the tree, he added: “Had he missed the tree, the vehicle would have gone sideways through the fence, I imagine, and that would have been that, but trees are very unforgiving.”

He concluded there were several different scenarios that could have caused Jay's car to lose control and rotate. They included aquaplaning, the car having defective tyres, incorrect steering input on the straight section of road, a momentary loss of vision from surface spray, the weather and his seat position which could have impaired his ability to use the footbrake correctly.

He added there was no evidence to suggest Jay had been doing a handbrake turn at the time of the crash and there was no viable reason for it to have been used and that it could have been applied by someone after the crash.

Mr Fletcher concluded: "Although the exact cause of his collison remains unknown, it is likely to have been caused by a culmination of several different factors coming together that caused the driver to lose control causing catastrophic consequences."

Jay's father noted that CCTV evidence of his car driving around the city centre that night showed he had been in control of his vehicle.

Recording a conclusion of road traffic collision, assistant coroner Nicholas Lane described Jay's death as an 'awful tragedy'.

Mr Lane said: "I find after Jay lost control of his car, he struggled to gain control back partly due to his seating position and a reduced ability to apply the brake. I also find the second effect of the significantly reclined seat was that Jay would have had a reduced ability to see road conditions ahead on the road surface clearly and in detail, particularly in heavy rain."

He added: "Several factors contributed to the incident occurring and also to the severity."

He issued a warning to motorists about the importance of wearing seatbelts, ensuring tyres are road worthy and reducing driving speeds in bad weather.

Mr Lane concluded: "Jay lost control and was unable to regain control of his vehicle owing to a number of relevant factors, including very wet weather, significant water collection on the road, the poor condition of the vehicles' rear tyres and the reclined position of the driver's seat."

Regarding the safety of the road itself, evidence was heard from motor patrol constable Lee Richardson and John Jones, senior traffic engineer, Street Services, for Plymouth City Council, who both agreed appropriate flood risk management was in place. It was confirmed there was no evidence of blocked or not functioning drains at the time of Jay's crash and that appropriate signage, including temporary, is in place to warn drivers of flooding risks.

However, the lining of mature trees along Embankment Road was a concern to both.

Mr Lane said: "I was struck by looking at photographs from the scene how big the trees are and how close they are to the dual carriageway. MPC Richardson in his evidence clearly expressed his concern about the presence of the trees lining Embankment Road.

"His concern seems rather well founded given he informed me it is accepted by the council that three fatalities have occurred at that location following two vehicles leaving the carriageway and colliding with one of the mature trees.

"Two people died in an incident in 2008 and then Jay died in 2023. MPC Richardson's position was he was wants the trees removed by Plymouth City Council to make this stretch of road safer.

"Mr Jones appeared to agree stating he would like to see the trees removed but this was a 'political issue' due to scarce local authority resources which have to be allocated according to need. In the context of road safety management, this would be after a cost benefit analysis and risk reduction."

Coroners can use their power under Regulation 28 to impose a Prevention of Future Deaths report in a bid to prevent further tragedies.

Mr Lane explained he had no power to direct the trees must be removed, but said he would be writing to the councils' chief executive raising concerns about the trees highlighted during the inquest, and suggesting a more detailed and formal review is undertaken due to there being a 'risk of further fatalities' in the future.

Following the inquest, Jay's parents Stuart and Karren said they hope the trees will be removed so that no one else has to suffer a loss like they have.

They said: "Jay was a rifleman for the British Army and served his country. We truly believe he was more than just a 21-year-old young man who lost his life in a car crash.

"He used to drive rifleman around in a heavy goods vehicle in the mountains of Kenya. He wasn’t being silly that night; he just wanted to see his friends before heading back to base in Chepstow that coming Sunday.

"We have been waiting almost two years for Jay's inquest. We visit Embankment Road every week and place fresh flowers down at the site of Jay's crash.

"We see the flooding when it rains. Our aim and hope for the inquest was to achieve a Regulation 28 to get the trees removed, and we've managed to achieve this, thankfully.

"We are in talks with Luke Pollard, our local MP, who has been waiting for the result of the inquest. We can now reach back out to Luke, which we will to process things forward as he is also the Secretary of State for the Armed Forces and will be able to assist further and help complete this action.

"We just don’t want another family to receive the phone call that we did, and be pulled into a world of hurt and chaos when it’s something that can be avoided. No parent should have to go through this again when they don’t have to.

"That’s why it’s so important to make the embankment safer by the removal of these trees. Let’s hope this is actioned as quickly as possible. To our boy Jay, we miss you more everyday. Swift and Bold."