Almost £1m in damages awarded to victims of fatal train crash

Almost £1m in damages has been secured from Network Rail for seven people affected by a train crash which claimed three lives, lawyers have said.

Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the derailment near Stonehaven, Aberdeenshire, on 12 August 2020.

Law firm Digby Brown acted for two people who lost loved ones and five passengers.

It comes following a separate criminal prosecution which saw Network Rail last month fined £6.7m after it admitted health and safety failings over the crash, which happened on a day of torrential rainfall.

Digby Brown said that its clients’ civil actions against Network Rail have now ended, with all cases settled out of court.

A spokesman for the law firm said: “I can confirm our civil actions against Network Rail have all successfully settled.

“Specifics cannot be discussed – however, the total sum recovered was nearly £1m with all damages rightly reflecting the injuries, trauma and losses each person suffered, and will continue to suffer for the rest of their lives.

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“No amount of compensation will ever heal the wounds of the horrendous and avoidable tragedy at Carmont but it can at least provide recognition to those affected and the means to look to the future in the most life-affirming way possible.”

Survivors of the crash suffered injuries ranging from broken bones to lacerations, permanent disfigurements and psychiatric trauma.

At the High Court in Aberdeen last month, Network Rail admitted a series of failings that resulted in the deaths, pleading guilty to a charge covering the period from 1 May 2011 to 12 August 2020.

This included failing to inform the driver that it was unsafe to drive the train at a speed of 75mph, or caution him to reduce his speed amid bad weather on the day of the derailment, which also left six people injured.

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A Rail Accident Investigation Branch (RAIB) report published last March found errors in the construction of a drainage system installed by Carillion meant it was unable to cope with heavy rain which fell in the area on the morning of the crash.

Carillion went into compulsory liquidation in January 2018.

The RAIB report made 20 recommendations to improve railway safety, many of which were directed at Network Rail.

Network Rail previously said it was determined to build upon the “significant changes” it had made since the incident, which had “helped us to manage the risk of severe weather to the network”, and it had invested millions to improve the resilience of the railway.

Network Rail has been asked for fresh comment.

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