A grieving widow is set to ask a judge not to send the man who killed her husband to jail.
Instead, Claire Mercer blames smart motorways for the fatal collision that killed husband Jason, 44, and Alexandru Murgeanu, 22.
The two men were involved in a minor collision along a section of the M1 near Sheffield where the hard shoulder had been turned into a live lane.
They failed to get to an emergency refuge so had to tuck their vehicles as close to the crash barrier as possible. However, moments later, an 18-tonne lorry being driven by Prezemyslaw Zbigniew Szuba, 40, smashed into Alexandru’s van which launched into him and Jason, killing them both instantly.
Since the deaths, Claire has campaigned against smart motorways as she believes her husband would still be alive if there was hard shoulder.
She told the Sunday Telegraph: ‘I don’t believe the correct person is taking responsibility.
Claire Mercer believes her husband’s death was due to new smart motorway systems
Mr Murgeanu’s sister Andreea has also backed Claire’s campaign against smart motorways
‘The events would not have taken place if England’s highways were run with the correct priorities in mind.’
Szuba admitted two counts of death by dangerous driving and is set to be sentenced later today at Sheffield Crown Court.
Claire has also instructed lawyers to seek a judicial review into smart motorways and prosecute Highways England for corporate manslaughter.
Prosecutors told magistrates last month Mr Szuba’s lorry was not speeding and there was no suggestion he was intoxicated.
His defence lawyers said he had only just joined the motorway at the previous junction and ‘it was only for a matter of seconds that the (stationary) vehicles were visible’.
The evidence indicated Mr Szuba was driving ‘normally’ and within the speed limit in the moments before the crash, they added.
