APPEAL: Moulinearn 2001

A woman has lost her appeal to have Network Rail made partially responsible for an accident that resulted in the death of her boyfriend.

Jane Rogerson was the driver of a car that collided with a train at Moulinearn in 2001. The crossing is of unusual design, with barriers operated by vehicle drivers via a push button system. The court heard how Miss Rogerson lifted the barrier and drive across the crossing despite red lights flashing and a klaxon sounding. The car was struck by an Inverness-bound train, killing her partner and seriously injuring a child in the back of the car.

Miss Rogerson had argued that Network Rail - formerly Railtrack - should be partly to blame for the accident (and should pay part of the damages awarded to the child's parents) due to the design of the crossing; in particualr, that the barriers could be lifted by the driver against an oncoming train.

But the appeal judges disagreed, maintaining the accident was her fault because she had not been paying proper attention when she lifted the barrier and drove onto the train track.

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