Rail firm denies crossing crash safety failure claim
Network Rail has denied safety failures at a level crossing where a signalman suffered life-changing injuries.
Grandfather-of-eight Doug Caddell was knocked to the ground when a car crashed into the road gate he was closing at East Farleigh level crossing in 2015.
The impact knocked him to the floor and left him unconscious. He had suffered a brain injury.
Network Rail Infrastructure Limited was brought before Maidstone Magistrates’ Court charged with failing to discharge the general health, safety, and welfare duty to an employee and contravening a health and safety regulation.
William Davis, prosecuting on behalf of the Office of Rail and Road, told the court how the “oldfashioned” level crossing gates were manually operated by staff stepping into a busy road with no automatic signals or alarms.
He said the company knew of an issue involving drivers swerving round signalmen as they were closing the gates.
The court heard how the same morning Mr Caddell had been nearly hit by another motorist. He had taken note of the registration, and reported it to his bosses and the authorities.
Mr Davis said at 1.30pm on April 24, one such driver hit the gate which ploughed into Mr Caddell, leaving him with a serious head injury and a ‘hangman’s fracture’ to his spine.
“It is extremely fortunate Mr Caddell was not killed or paralysed,” he added.
The driver, Rodney Spicer, 70, from College Avenue, Maidstone, was charged, and denied driving without due care and attention.
He died before his first appearance at Sevenoaks Magistrates Court.
After the accident, temporary manned lights were installed.
Mr Davis alleged that between February 23 and April 24 2014 Network Rail carried out an inadequate risk assessment, failing to take note of the dangerous behaviour of some drivers.
He said the company did not take reasonable measures to address risks to its employee.
“It appears there has been a systemic failure to address this known risk that has been known for some time,” he said.
James Purnell, representing Network Rail, lodged not-guilty pleas to both charges.
District judge Justin Barron said the case lay outside his jurisdiction, and adjourned it for trial at Maidstone Crown Court.
If convicted, the company could face a minimum fine of £2.4 million.