A cyclist has secured a settlement from Network Rail over a level crossing crash caused by a dangerous gap between matting at the railway crossing.
The incident happened in April at a level crossing in Carnoustie, Cycle Law Scotland explaining how its lawyers were contacted after a cyclist called Stella suffered crash injuries during a training ride.
While riding across the level crossing in Carnoustie, the front wheel of her bike became trapped between the rubber flangeway mats surrounding the railway track, the bike “coming to a quick halt and she was catapulted over the handlebars, striking her knees off the bars and causing injury to her face and her shoulder”.
Questioning why she had crashed, Stella took photos of the gap where her wheel had become trapped and contacted the law firm to express concern that other riders could suffer similar crashes if the issue was not rectified as the gap was clearly wide enough for a road bike tyre to get stuck.
A Freedom of Information request to Network Rail suggested that the rail operator was aware of problems with gaps appearing between the mats and was also aware this may cause danger to cyclists. However, the records suggested Network Rail had not done anything to fix the issue and Cycle Law Scotland intimated a claim for negligence.
Network Rail’s insurers denied the case on the basis there had been a ‘cyclists dismount’ sign prior to the crossing, however Stella said she had not seen the small blue sign as she was concentrating on vehicle traffic behind her and was being careful to cross the tracks at a 90 degree angle.
Cycle Law Scotland also questioned the relevance of the sign as evidence, raising the case at the All Scotland Personal Injury Court (ASPIC) in Edinburgh and pointing out such ‘cyclists dismount’ signs are only advisory.
“There was no alternative suitable route for Stella to take other than to dismount from her bike and carry it over her shoulder up the stairs and across the overpass over the railway crossing,” her lawyers argued, offering supportive evidence from a Highways Expert in court.
Again, liability was initially denied by Network Rail, but they ultimately accepted the gap in matting had caused a hazard. Solicitors for the rail company repeated the argument that failing to dismount meant Stella was partly to blame, however following lengthy arguments — during which Cycle Law Scotland highlighted Network Rail’s inaction on a known problem — a settlement offer was made.
After “intensive negotiations” an increase in the offer and the settlement eventually accepted by Stella was more than twice the original offer.
The latest settlement comes just a week after Cycle Law Scotland confirmed it had secured compensation for another Scottish cyclist, that after they were injured in a crash caused by rope tied across a Glasgow cycle lane during roadworks.
The case involved accomplished gravel racer Patrick Hughes — the winner of the 19-34 age group category at last year’s British Gravel Championships — who was injured last year.
Despite his lawyers being pleased with the “fair” settlement, they said the case’s “unanswered questions and lack of responsibility from those in charge” remained “deeply troubling”.
10 thoughts on “Cyclist secures settlement from Network Rail after dangerous gap at level crossing “catapulted her over the handlebars””
Another indicator of how
Another indicator of how little of our roads’ infrastructure considers the needs of cyclists. Don’t even get me started on tram tracks…
Indeed – although of course
Indeed – although of course it’s perfectly possible to have trams and cycling. Just … not invented here (certainly not in Edinburgh, with the council / tramco’s “fingers in the ears, can’t hear you” approach for many years).
Zoutmanstraat in The Hague.
Zoutmanstraat in The Hague. Recently completely renovated, but still a bloody death trap. Used to live nearby and would try to avoid if possible.
Death trap … for the poor
Death trap … for the poor driver?
Could certainly be better … but as long as the motor traffic isn’t heavy there (looked unpleasant before certainly). I think that is the major difference in many Dutch places – they’ve removed a ton of motor vehicle traffic and “calmed” the rest, to some extent. Also helps the streets not get trashed as quick as over here…
See you and raise you Edinburgh’s Princes Street. 2 lanes of traffic plus trams in either direction. But but surely it’s wide enough so the trams would be no issue? Just add a ton of buses and coaches (pulling in and out), taxis, tourists on foot, some indifferent road maintenance, several junctions … Only 32km/h speed limit though (in theory).
The west end (West End) is the scene of one of Edinburgh’s tram line-related deaths (a cyclist who fell over and was immediately crushed by a coach).
Luckily before this was made the local cycle campaign hired a continental tram and transport expert (Dutch as it happens) for an independent assessment – and he essentially said “whatever you do, don’t do it like that“. So the council did!
If you’re cycling over the
If you’re cycling over the tracks at 90° how can the front wheel catch? (Clearly, the further away from 90° the greater the risk)
So, is the photo even of the level crossing in question? Where in Carnoustie is it?
More questions than answers.
That would be the “The front
That would be the “The front wheel became trapped in between the rubber mats surrounding the railway tracks.” part.
I don’t know exactly where this is – there are lots of grade separated crossings of the line (perfectly fine) but there are these three level crossings at least.
Here, here, here.
I suspect it may be this one as that seems to have a “no cycling” sign (can’t see the “cyclists dismount” sign mentioned).
It’s unclear when the actual
It’s unclear when the actual incident happened – road.cc have reported the incident occured in April, but I think that might be a misunderstanding of the original article. To be fair, it is slightly ambiguous, but I think the victim first contacted Cycle Law Scotland in April, with the incident happening at some point previously. Google streetview history shows this level crossing did have “Cyclists dismount” signs until at least 2021, being replaced with “no cycling” signs at some point between 2021 and 2023.
Not entirely implausible that it might have taken a couple of years for the victim to “exhaust all of her own efforts with Network Rail”.
It’s also entirely possible that although Cycle Law Scotland have only just published the case study article, the whole thing might be several years old, and “April” may refer to a different year altogether. It’s far from the most reliable source, but the caption on this random Youtube video appears to relate to the same incident and would imply the incident occured in 2018, and the whole compensation case was done-and-dusted at some point prior to the video being posted in 2022 (therefore entirely plausible that Network Rail changed the signage in response to this incident).
The picture appears to be a
The picture appears to be a stock photo of a level crossing, and not the specific one in question.
As stated, the wheel got caught in the gaps in matting – I don’t know if it’s the correct level crossing, but the third location suggested by chrisonabike (this one) certainly shows how the gaps in mats in/around the track can be perfectly aligned to catch a wheel if the cyclist is riding at 90° to the tracks themselves.
That’s what I’m thinking.
That’s what I’m thinking. This one, for instance.
Lawyers making money over
Lawyers making money over others on safety again. Sure is dirty.