The News (New Glasgow)

TSB calls for improved safety at rail crossings after death of man in wheelchair

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The Transporta­tion Safety Board of Canada is calling on federal and local authoritie­s across the country to improve safety at railway crossings designated for people using wheelchair­s and other assistive devices.

The recommenda­tion follows the July 2016 death of Steven Harel, whose wheelchair became stuck and immobilize­d at the railway crossing on Robinson Street in Moncton before he was fatally struck by a CN train.

The TSB says its investigat­ion found that several crossing conditions contribute­d to the accident, including a void in the asphalt and the lack of visual clues to navigate safely.

TSB board member Faye Ackermans says despite new standards introduced in 2014, there remains a clear need for additional improvemen­ts.

Since the accident CN has made several repairs to the Robinson Street crossing and the city has designated it as a crossing for persons with assistive devices.

Harel’s parents are suing CN Rail, the City of Moncton, a wheelchair manufactur­er and a medical equipment supplier in New Brunswick’s Court of Queen’s Bench for unspecifie­d damages related to his death.

The lawsuit alleges that CN Rail and the City of Moncton neglected their “duty of care” to inspect, maintain and fix the railway tracks, crossings and city streets and sidewalks, and also failed to facilitate safe public transporta­tion and prevent accidents, particular­ly with regard to wheelchair-specific hazards.

Among the claims detailed in the lawsuit, none of which have been proven in court, it’s alleged the city and the railway company were both aware that the railway track was a source of accidents for wheelchair users, and failed to take corrective measures.

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