Rail bosses could be charged over Hereford level crossing death

Feb 14 2010 by Ben Goldby, Sunday Mercury

“The company has already admitted it was at least partially to blame, so we are studying the evidence very closely.”

Mrs Harding, from Marden in Herefordshire, was a passenger in husband Mark’s Volkswagen car when a train ploughed into them on the level crossing on January 16.

The vehicle was dragged for almost 150 yards down the track before eventually coming to a halt.

Mr Harding suffered shoulder and pelvic injuries in the smash, while the occupants of a second vehicle involved, a mum and her 12-year-old daughter, sustained minor injuries.

A signalman has been suspended by Network Rail as part of its inquiry after it was discovered that the gates of the level crossing were up at the time of the crash.

The firm said the suspension was common practice in such an inquiry.

Network Rail has also issued an unreserved apology to the family of Mrs Harding.

“We consider that the accident is most likely to have been due in some way to Network Rail,” a spokeswoman said. “Network Rail has extended a full and complete apology to the family of Mrs Harding.

“We would also like to extend this apology to everyone who has been so deeply affected by the accident and to the community of Moreton-on-Lugg.”

A British Transport Police spokesman said: “BTP is continuing its thorough and exhaustive investigation into all aspects of this tragic incident.

“A number of witnesses have been interviewed and the information they have provided is being processed.

“In the meantime, our thoughts remain with the family of Jane Harding.”

Friends and family of Mrs Harding, including her son Joe, gathered at the private funeral ceremony and sang her favourite hymns, including The Lord is My Shepherd and All Things Bright and Beautiful.

Meanwhile, Moreton-on-Lugg residents are still warning that the crossing is unsafe and have called for its closure while the investigation continues.

In a letter to his local paper, Phil Watts wrote: “I drove over the crossing less than 15 minutes before the accident, which is shocking enough for me and my family.

‘‘Due to the apparent nature of the crash, this could have happened at any time to anybody.”

The Rail Accident Investigation Branch, which is carrying out an independent inquiry into the crash, has said that there is no evidence to suggest the actions of the motorists or the driving of the train contributed to the incident.