East Midlands Railway and Network Rail asked to accept liability for Bedford train crash
East Midlands Railways and Network Rail have been invited to accept liability for the Bedford train crash which caused the death of a driver and injuries to 162 passengers.
Law firm Collins Solicitors has written to East Midlands Railway, the operating company whose trains collided outside Bedford, following the fatal incident on June 19.
The collision happened at around 5.15pm on the Midland Main Line near Elstow, when the 4.40pm Corby to London St Pancras service struck the rear of the Nottingham to London St Pancras service which had stopped unexpectedly due to a fault with its Automatic Warning System (AWS) causing emergency braking.
The Corby train passed a red signal protecting the stationary train and collided at around 49 mph after initially traveling at 76 mph.
The driver of the Corby train, Shaun Burton, aged 60, was killed, with a total of 162 passengers injured – 102 of whom needed hospital treatment. Among these, 11 sustained very serious injuries, 32 serious injuries, and 57 minor injuries.
Des Collins, Senior Partner at Collins, said: “Inevitably, the conclusive causes of rail crashes take time to establish as investigations are necessarily detailed and meticulous.
"However, it is clear from all reports to date that the signal passed at danger (SPAD) was compounded by the lack of a Train Protection Warning System (TPWS) on that stretch of railway which, if triggered, is designed to automatically bring a train to a safe stop, preventing a collision.
“We are determined that our clients should be spared the trauma of unnecessarily prolonged litigation and so have invited both East Midlands Railway and Network Rail to accept liability in principle. The ultimate share of costs between them can be ironed out over time, but the immediate priority is to ensure swift passenger compensation for their injuries and losses. If liability is not accepted, we shall commence proceedings.
“An admission of liability in these circumstances, where all safety precautions available within the rail industry were not adopted, should allow for swift and seamless interim claims for financial relief, such as extended sick pay to allow victims to cover their household expenses whilst unable to work. However, the extent and scope of final compensation claims would be calculated individually thereafter, as the severity of injury and other losses are taken into account.”
EMR declined to comment, and Network Rail has not responded to our enquiry.
Preliminary Rail Accident Investigation Branch (RAIB) findings indicate that the Nottingham train stopped unexpectedly due to an AWS fault, which triggered its brakes. The Corby train then passed a red signal and collided with the stationary train. The investigation is ongoing.
An inquest into Shaun Burton’s death opened on July 14.
Collins Solicitors, based in Watford, asks any victims of the train crash to get in touch here.