The BBC recently reported that a train derailment in 2020, resulting in the deaths of three men, could have been avoided if a drain had been built correctly. The drain had allowed debris to be washed onto the track following heavy rain causing the train to go off track, causing a fatal accident.
A fatal accident inquiry (“FAI”) was set up to investigate the failings that caused the derailment and highlight precautions that could have been taken to avoid the accident. The FAI recently concluded that the drain was not constructed and installed in accordance with its design. In a separate prosecution, Network rail was fined £6.7 million and admitted to a number of maintenance and inspection failures before the crash, as well as failing to warn the driver that part of the track was unsafe or tell him to reduce his speed.
How does a compensation claim differ from a criminal fine?
No fine can undo the injuries or loss suffered that day. A criminal fine punishes wrongdoing; it does not compensate those affected. A separate civil claim can provide compensation where a failure to take reasonable care has caused serious injury or death.
What must a family prove in a compensation claim?
Those responsible for operating and maintaining a railway must take reasonable care for the safety of passengers and staff. Employers must also take reasonable care to provide a safe workplace and system of work. A claim requires proof that the relevant duty was breached and that this caused the harm. Failures in construction, inspection, maintenance or warnings can be central to investigating responsibility, as illustrated by the Carmont findings on Network Rail’s inadequate oversight of the drain’s construction and the sheriff’s conclusion that building it to design “might realistically have avoided the accident”.
Health and safety regulations help inform the standard of care expected. Breaching those regulations does not generally create an automatic right to compensation: negligence must still be established. An FAI has a different purpose—to establish the circumstances of a death and identify precautions that could prevent a recurrence—not to determine civil liability or award damages.
Who can claim compensation and what can it cover?
Where negligence causes a death, the Damages (Scotland) Act 2011 allows qualifying relatives to seek compensation. This can include loss of financial support and, for eligible close relatives, an award recognising grief and sorrow and the loss of their loved one’s society and guidance. Reasonable funeral expenses and the loss of services may also be recoverable. Entitlement and the value of each claim depend on the relationship and individual circumstances.
When should families seek legal advice?
For families facing an unexpected loss, legal advice can help clarify their options and ease the practical burden. Strict time limits apply, and an inquiry or prosecution does not stop the civil claim deadline running. If you’ve lost a loved one in an accident and would like to talk through your options, our Personal Injury team can explain the process sensitively and help families understand whether a claim may be available. Call us on 03330 430150 or make an enquiry online.
