Robert Burton

Mr C is a self-employed delivery driver who was making deliveries for Amazon at the time of the incident.  He arrived at a passive level crossing in Norfolk, stopped and read the sign that instructs users how to use the crossing.

The sign said that vehicle users wishing to use the crossing should first obtain permission by calling the operator, using the phone that was situated close to the crossing gate.

Another sign said “Stop.  Always telephone before crossing with vehicles or animals to find out if there is time to cross.  Tell the operator if the vehicle is large or slow moving.” It further instructed that users should open the far gate before crossing with animals or vehicles, should cross quickly and close and secure the gates. It stated that the maximum penalty for not doing so is £1,000.

A crossing operator must follow the Level Crossings Signallers’ Regulations, which state that they must ascertain:

• Which crossing is being used.
• What is crossing.
• How long it will take.
• If there is enough time for the person to cross before the next train, the user should be told to cross immediately.If not, they should be told to wait until the next train has passed and telephone again.

Mr C called the crossing operator to say where he was, and that he was driving a van that would take about one minute to cross.  He was told it was safe to cross.  However, he was not told that the next train was due in 1 minute and 27 seconds, nor was he asked if he had already opened the gates – which he had not.

Mr C opened the first gate and walked across to open the second.  He heard the sound of horns and saw a train speeding towards him.  He ran back to his van and was narrowly missed by the train.

Extremely shaken by the experience, Mr C called the operator to tell him what had happened.

Mr C contacted Graysons looking for redress as he felt that he had followed the instructions and that he had almost been killed in doing so.

Robert took up the case and investigated, contacting both Network Rail and East Midlands Railway (EMR).  Both denied liability, but, believing that the case had merits, Robert consulted counsel, who agreed, and a psychologist, who diagnosed PTSD.   Robert issued proceedings against Network Rail, accepting that EMR would have had no control over the crossing.

Network Rail served a defence claiming that Mr C had not said that he was at the opposite side of the track when he had called, that he had not already opened the opposite gate and still had to do walk back – although telephones were located on both sides of the track so the call could have been made from either and he was not asked about this.  Network Rail claimed that Mr C had not given accurate information about how long it would take him to cross and had then taken longer than he should have.  It also claimed that the operator had called the train driver who said that he was nowhere near the ‘near miss’ situation claimed by Mr C.

Network Rail disclosed a risk assessment for the level crossing.  It stated traverse times at the crossing are 7.99 seconds for pedestrians and 31.05 seconds for vehicles. The risk assessment does not assess the length of time it takes to open the gates or the period it would take for people using vehicles to walk to the gate from their vehicle and back again. In addition, no extra time is allowed for other factors, which could delay the person’s transit across the tracks.

Despite the pleaded defence, shortly afterwards, Mr C received a call from Network Rail. He was given an apology and was told that the crossing operator he had spoken to had been instantly suspended and, under company policy, he was sent for a drug and alcohol test.

Amazon also received an apology.

Network Rail then advised that it wished to settle the case, and Robert was able to agree a settlement of £11,000, which Mr C accepted.

The trial was vacated.

If you feel that you have been injured or affected by someone else’s actions to such an extent that you suffer psychological damage, contact our personal injury experts now.  We will discuss your case free of charge, and if we can take on the case, we will offer you a no-win, no-fee agreement. You can also find out more about making a compensation claim for personal injury on our web pages.

Author: Robert Burton