A passenger has been killed after a train hit two cars on a level crossing. The 50 year old woman was airlifted from the crash, which happened on Saturday in Moreton-on-Lugg, Herefordshire, to hospital but doctors were unable to save her.
According to the BBC, there was originally some confusion as to how the two vehicles had ended up on the track and Network Rail has been investigating the incident in conjunction with British Transport Police. Following the accident, rail services in the area have been suspended and a replacement bus service provided.
Reports state that the safety barriers for the level crossing may not have come down prior to the accident, although following checks the level crossing has now been declared fully operational.
If the safety barriers failed to operate correctly then Network Rail, as the company responsible for the maintenance of level crossings, might be found to have been negligent.
Under the Occupiers Liability Act 1957, the owner of premises normally owes a duty of care to most visitors to their property. That duty of care extends to taking such care as is reasonable to make sure the visitor is safe. In order to establish whether or not Network Rail has conformed with its duty it would be necessary to review maintenance records and assess whether this was a malfunction which they should have been aware of and should have been repaired. If Network Rail is found to have maintained a reasonable standard of inspection and maintenance, then they will most likely not be found liable for the accident.
