Cumbria Train Crash
24/02/2007
Points failure focus of train crash investigation
I would like to thank you and your colleagues for the kindness shown to myself and my wife. I class myself as very fortunate to have met such kind and caring people.
Raymond, Hertfordshire
Investigators looking at the cause of the Virgin Train Crash which took place in Grayrigg, Cumbria on Friday, in which a woman was killed and many injured, have announced that they are currently focusing on a suspected points failure. A spokesperson for the Rail Accident Investigation Branch (RAIB) said that they were focusing on a pair of points "to the south of where the train came to a halt".
Grayrigg Train Crash
News that accident investigators are focusing on a suspected points failure as the cause of the derailment of the London to Glasgow Virgin Pendolino train, will prompt comparisons with other recent train crashes. Although it is not yet clear who or what is to blame for the crash in Grayrigg, investigators found maintenance firms were at fault for both Hatfield and Potters Bar.
John Pickering, Head of Personal Injury at Irwin Mitchell, who represented victims of the Hatfield rail crash said "in the immediate aftermath of yesterday's accident, whilst the primary concern is for the survivors, and the bereaved, investigators will already be looking to establish the cause and any culpability."
"They will be looking at issues about who's responsible, if anyone. If it is down, for example, to a points failure, what was the nature of the failure and whose responsibility was it? Was it the responsibility for Network Rail who maintain the track, or contractors doing work on the line, and something's gone wrong there."
"If there is any neglect or system failure it's a question of degree, whether there is a major failure, which has let people down, or something at a lesser level."
"At Hatfield it was a case where one was looking at corporate manslaughter charges. They were brought under Health and Safety at Work legislation."
Train crash passengers innocent victims
Mr Pickering said the passengers were "clearly the innocent victims" and could instruct lawyers to make a claim even before an investigation was completed.
"It is entirely up to the individual as to when they want to take legal advice.
"They don't have to wait until the investigation is over, that can take months and months to sort out."
Mr Pickering said the claim could be brought as a group, or individually.
Any payout would depend on the level of injury suffered.
He said: "How badly was the person injured? You get so much for the injury and how much financial loss incurred. They look at the position the claimant would be in of the accident had never occurred.
"In the Hatfield crash, the reason the awards were substantial is that the people who were killed were the main breadwinners, and the survivors were their partners and children."
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