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Mother sues Network Rail over "silent trains" role in daughter's death

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martin2345uk

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https://www.telegraph.co.uk/news/20...s-killed-daughter-mother-claims-sues-network/

A mother is claiming that "silent" night trains killed her daughter and is suing Network Rail over her child's tragic death.

Straight-A student Milena Gagic, 16, died instantly when she was hit by the night train at the level crossing in Hipperholme, Halifax, in December 2014.

She and her best friend, Amelia Hustwick, had gone to the crossing late at night to chat because it was “a nice place to hang out”, Central London County Court heard.

Terrible for the mother and the family of course but I am not sure Network Rail are to blame, especially as it was residents living near tracks who demanded the horns not be sounded at night?
 
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ValleyLines142

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Ianno87

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Night time is possibly a better time to hear approaching trains (for those with normal hearing) due to the lower level of background traffic noise etc.
 

Stigy

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There will be a few more of these lawsuits I fear. In SWR land we have apparently gone from two-tone horns to single tone. I'm not an expert, but it came from a driver manager so it's accurate I'm sure. Not ordinarily an issue, but when people are expecting two tones I guess they could miss just the one sound?

In this case, it's tragic, but they were trespassing on the railway so regardless of the outcome, we all know who's really to blame. Could there have been signage? Of course, but we all need to take a little bit of responsibility here. If the girls were simply crossing the railway at the foot crossing I could understand a bit more. I'm not familiar with the area, but trains aren't generally quiet when they approach, and can usually be seen on approach.
 

Malcmal

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This is sadly a reflection of a society where kids are brought up not to take responsibility for their actions or understand basic risk. I mean seriously what kind of person "hangs out" in the middle of the railway tracks!! I would love to know if the mother had any inkling of this "playground" before the accident and if not then she clearly has to wonder why. Either way she is at least partly to blame for having no oversight where her 16 year old is after dark.

If the mother really wants to do some good for the world then getting schools to raise awareness of rail safety is where she should be targeting instead of the classic "blame everyone else" attitude.
 

Railguy1

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“a nice place to hang out”

There is the problem. Two people decide to just chat near a level crossing? I am sorry they died, I am sorry for the family, but I fail to see how it isn't the fault of the individuals.
 

RichT54

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The pair were sitting between the actual train tracks

With all the places in the world you could sit, why on earth would you sit between train tracks?
 

6Gman

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https://www.telegraph.co.uk/news/20...s-killed-daughter-mother-claims-sues-network/



Terrible for the mother and the family of course but I am not sure Network Rail are to blame, especially as it was residents living near tracks who demanded the horns not be sounded at night?

They were sitting between the tracks!

Tragic for the family but ...

The mother's case seems to be that warning notices (no horns in the hours of darkness) could/would have prevented the incident.

BUT her daughter would appear to have disregarded (or not noticed) any notices instructing people not to remain on the crossing; would any such sign be visible in the dark?; and, while the sounding of a horn is useful if you're judging whether to use a crossing it's not a signal to get up from a sitting position within the p way!
 

Bletchleyite

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With all the places in the world you could sit, why on earth would you sit between train tracks?

They were doing what?

That to be fair could happen anywhere, but if this case succeeds in any form the world has gone mad. Had they survived they would certainly have been a slam dunk trespass prosecution.

You do not hang around on railway crossings because if you do there is a good chance you will die - why is this so difficult for people to understand?
 

Swanny200

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Have I just read that properly, they were sitting inbetween the actual tracks because it was a quiet place to sit according to the mother in court, so does that mean that they were in fact trespassing on the railway, I know a young girl has lost their life, but for the mother to play victim because trains don't sound their horn at night anymore, the "no train horns at night" has been in since 2007 and the accident occurred in 2014 so for 7 years everyone in the village would have noticed if they lived next to the railway that there are no more horns. It seems like she has lost her child and is looking for someone to blame.

There is also the argument of not being able to hear the train, something in me suspects that they were maybe wearing headphones because I cannot see any overhead lines on google maps, surely you would be able to hear an approaching Diesel train in a place that according to her mother is so quiet.
 
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a_c_skinner

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The fact that they were trespassing doesn't remove the duty of care from Network Rail. The recent judgement about trespass at Tyne Yard is a case in point. I'm not sure I agree with this. but there it is. There is no doubt that the operator of a public crossing has a duty of care, the question will be if the existing precautions discharged that duty.
 

martin2345uk

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Not sure anything could legislate for people deciding to sit down in between the running rails though :-/
 

dgl

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It's already in court.
And I hope it ends with a fine for railway trespass, as whilst someone has lost their daughter maybe the fine bring some much needed publicity to the fact that you DON'T sit or stand between railway tracks. Just think what trauma the driver now has for something that is easily preventable but people just not being idiots.
 

221129

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And I hope it ends with a fine for railway trespass, as whilst someone has lost their daughter maybe the fine bring some much needed publicity to the fact that you DON'T sit or stand between railway tracks. Just think what trauma the driver now has for something that is easily preventable but people just not being idiots.
How can you fine someone that is no longer alive?
 

Bertie the bus

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And I hope it ends with a fine for railway trespass, as whilst someone has lost their daughter maybe the fine bring some much needed publicity to the fact that you DON'T sit or stand between railway tracks. Just think what trauma the driver now has for something that is easily preventable but people just not being idiots.
Yes, let's fine a corpse and if she doesn't pay it dig her up and imprison her.
 

Glenn1969

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I'm from the area and as far as I know 5 others have also lost their lives in the area plus Halifax is a suicide hotspot. The council have had to put mesh netting on both sides of North Bridge. Maybe they should put up better fencing to stop people getting on the tracks?
 

221129

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I'm from the area and as far as I know 5 others have also lost their lives in the area plus Halifax is a suicide hotspot. The council have had to put mesh netting on both sides of North Bridge. Maybe they should put up better fencing to stop people getting on the tracks?
How do you suppose doing that at a crossing?
 

Scott M

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Of all the places to sit, why right in the middle of the tracks. Even if I thought trains were not running, I would not do this just incase.

Can see Network Rail being found guilty if they can prove the fact they were sitting made no difference, and that if they had just been walking across normally they would have been at risk of getting hit due to insufficient time to move out of the way from when the train was first in sight. Otherwise think it will go down as misadventure.
 

bramling

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https://www.telegraph.co.uk/news/20...s-killed-daughter-mother-claims-sues-network/



Terrible for the mother and the family of course but I am not sure Network Rail are to blame, especially as it was residents living near tracks who demanded the horns not be sounded at night?

If as reported this is absolutely crazy.

Sorry if this sounds harsh, but this seems a case of natural selection in action. What a ridiculously stupid thing to do.

And clearly it does seem to be about money, as otherwise the parents could find far more constructive ways of taking the matter forward, not least educating others about the hazards of (trespassing on) railways.

I really hope this case doesn’t succeed.
 

CM

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If you sit between the tracks and a train hits and ultimatley kills you, it's your own fault, simple.

I know the trains where I live don't run at night but I still wouldn't go and sit on the track to have a wee chat with someone.
 

jon0844

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How can anyone know there are no trains running at any time?

Even during possessions there might be engineering trains and equipment moving around, which won't even to clever clogs with a Open Train Times map open.
 

Glenn1969

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The last train leaves Bradford at 0001 from May for Halifax. The last train from Halifax to Bradford is 0025. After this there are no scheduled passenger Northern workings until morning services start at roughly 5.30.
 
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