Survivors of horror rail crash that lef t three dead set to sue
SURVIVORS of a passenger train derailment that left three people dead have launched a legal bid for compensation.
The accident happened after heavy rain washed away an embankment, causing the Aberdeen to Glasgow service to leave the tracks.
It then hit a bridge and plunged down a steep bank.
Driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, all lost their lives in the disaster near Stonehaven, Kincardineshire, on August 12.
Now, at least three of the survivors of the crash have approached a law firm with the intention of seeking damages.
It is understood a number of survivors are still receiving therapy and medical treatment after the accident.
The Rail Accident Investigation Branch
‘This incident was avoidable’
(RAIB) is investigating the derailment. The train hit a landslip thought to have been caused by torrential rain as it tried to return to Stonehaven.
It left the tracks a few miles south of the town before hitting hit a bridge parapet at high speed.
The engine and one carriage plunged down a steep embankment. Two other carriages were left lying across the track, while a fourth carriage and the rear power car stayed upright.
It is not yet clear who the survivors will pursue for damages.
Neil Davidson, a partner at Digby Brown Solicitors in Aberdeen, said: ‘ This was a tragic incident that caused the unnecessary loss of three innocent lives and unnecessary injuries to all of those involved and our condolences go to the families of the individuals who lost their lives. But we are of the view that this incident was avoidable and our clients have many questions about the crash.
‘ Particularly, what series of events led to the crash occurring? We are going to assist them in receiving the answers to their questions. The RAIB will also, hopefully, identify lessons that can be learned and procedures that can be improved so an incident like this does not occur again in the future.
‘In the meantime, we will continue to liaise with the authorities and organisations involved and continue to support our clients by ensuring they have access to expert healthcare professionals to assist with their recovery and wellbeing.’
A week after the crash it emerged that the ScotRail train involved in the fatal derailment was travelling at more than 70mph when it came off the tracks.
More than two inches of rain had fallen over the previous four hours, washing gravel over the line.
Network Rail said it was limited to what it could say due to the ongoing RAIB investigation.
A spokesman said: ‘Our thoughts are with the families and friends of all affected by this tragedy.
‘We are working closely with the independent investigations to fully understand what happened and how we can help prevent a similar incident in the future.’
A ScotRail spokesman said: ‘The thoughts of everyone at ScotRail remain with those affected by the tragedy.’
He added: ‘It is inappropriate for us to comment further until the independent investigations to establish exactly what happened have concluded.’