Badra Ahmed begged Highways England to stop turning "hard shoulders" into "live lanes" after an inquest heard that her husband, Jamil, had "no where to go" at the point his car broke down on the M6.
At the inquest into his death Mrs Ahmed, 38, stated that "similar deaths could happen again" which prompted Highways England to suggest that, "it's always possible".
Four months afterwards an eight year old, Dev Naran, died when his grandfather stopped on the same stretch of the M6, when a lorry smashed into them.
James Bennett, formerly the assistant coroner for Birmingham, said he would send Highways England a report about his fears for future deaths, but the document was not sent. And a spokeswoman for the coroner's court blamed an "administrative error".
Mrs Ahmed, who received an official apology from the court, said, "If the hard shoulder was not a live lane my husband would have been safe. And, if the coroner had raised a red flag and Highways England acted upon it, then perhaps that little boy may not have died."
Dev's mother, Meera Naran, added, "How can this not be a case of corporate manslaughter? Highways England has failed twice on a single stretch of smart motorway in the space of months."
The Government has subsequently launched a review into the safety of smart motorways following an investigation that confirmed that four motorists stranded on a single stretch of M1 had been killed in just 10 months.
A spokesman for Highways England stated that it could not comment on policy issues in the run-up to an election.
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