Whiplash news
10/12/2010

Level crossing crash was "horrific"

It is anticipated that a number of people who suffered passenger whiplash injuries in a collision between a lorry and a train at a level crossing in Sudbury, Suffolk, will proceed with no win, no fee compensation claims.

This week Ipswich Crown Court heard how the lorry driver ignored safety instructions, which demanded he telephone to check no train was coming, and drove straight through the level crossing, endangering the lives of all those aboard the Sudbury to Marks train.

Despite the lorry driver claiming that he failed to see the instructions, an investigation found that he had previously used the crossing and had managed to telephone for approval on that occasion.

The prosecuting solicitor commented, "The Crown say that the defendant was very familiar with the correct procedure at the time of using that crossing and the potential effect of non compliance,

"On August 17, he decided to ignore the procedure and by doing so caused an horrific crash, endangering the lives and safety of all those on board the train."

While the judge said, "You had used this level crossing before and knew that you had to phone for clearance.

"You didn't do this. Instead you opened the gates and drove across. You took a chance, but tragically a train was coming from Sudbury."

However, despite the seriousness of the incident no-one was killed, although some, including the train driver, sustained serious personal injury.

It is also known that a number of passengers suffered whiplash injury for which it is expected some will claim whiplash compensation.