Son to sue over Halkirk rail smash deaths
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A MAN whose parents were killed when their car was hit by a train at Halkirk two years ago is suing Network Rail.
Donald Mackay (50), a former data analyst originally from Wick, is taking on the rail infrastructure company for failing to implement measures to prevent the accident, which also claimed the life of his uncle.
Mr Mackay’s parents, Angus and Margaret, who were both 81 and formerly of Wick, and 65-year-old Donald Mackay, who stayed at the Forse House residential nursing home at Latheron, all died when their car was hit by the Inverness to Wick train at the open crossing in September 2009.
Mr Mackay claims Network Rail should have taken into account the history of the crossing and implemented safety features long before his family was tragically taken from him.
He maintains that even now the rail operator is dragging its feet.
“Network Rail don’t seem to put any priority on implementing safety measures,” he said.
“They lost control of it really and if you lose control over a safety issue are your really managing your safety?”
“As soon as my parents and uncle were dead they put up LED lights, but where were they before? Safety updates can be deferred and delayed and in the meantime people are at serious risk at these crossings.”
Mr Mackay said that he thought six months would be enough time to get over the accident but two years later he is still traumatised and struggling to come to terms with the crash.
“While my conscious side has come to terms with it, my subconscious just point-blank refuses,” he said.
Mr Mackay told the John O’Groat Journal of dreaming that his father was still alive and the horror of slowly waking up and realising that he was gone.
“I was talking to him and it was so real,” he said. “At that moment for me he was alive.
“Slowly as I woke I thought something is wrong, and I suddenly realised... my father is dead.”
Following the accident, a report was undertaken by the Rail Accident Investigation Branch (RAIB).
It resulted in a commitment from Network Rail to put in a barrier at the crossing, although it has yet to be installed.
The RAIB report said barriers should be fitted at more than half of Scotland’s open level crossings.
There are 23 throughout the country – 21 of them in the Highlands. Some of the crossings should close completely if automatic barriers are not installed, according to the report.
Rail investigators also concluded that the driver, Angus Mackay, had poor eyesight and this was likely to be the reason for his failure to stop at the warning lights.
A number of other contributing factors were also mentioned in the report such as a faded contrasting backboard to the warning lights.
Mr Mackay said that these failures in maintenance and general safety will form the basis of his court battle.
One of Scotland’s highest profile lawyers, Cameron Fyfe, a consultant at Drummond Miller solicitors, has taken on the case on a no-win no-fee basis.
This will be the second claim made in regard to the crossing.
Local woman Sarah Jappy, from Reay, suffered life-threatening injuries when her car collided with a train at the same crossing in October 2002.
A compensation claim by Ms Jappy was settled out of court by Network Rail for an undisclosed sum.
Meanwhile, Mr Mackay is to meet Wick-based senior fiscal depute David Barclay next month to discuss why he believes there should be a fatal accident inquiry.
A Network Rail spokesman said yesterday: “We are aware Mr Mackay may be considering legal action but there are no active proceedings at present.
“It would not be appropriate to comment in detail on a potential claim at this stage.
“The company has settled a claim from Mrs Jappy, but we do not accept that the infrastructure was liable for her accident.”
