Metro may sue disabled crash man
Jul 2 2008 by Jule Wilson, The Journal
ADISABLED man may face legal action after crashing his mobility scooter on to railway lines in Newcastle at the weekend.
The operator of the Tyne and Wear Metro system Nexus said yesterday it was considering the move after the man, who has not been identified, allegedly broke regulations by travelling on the transport network unaccompanied.
Nexus director general Bernard Garner said that since April 26, mobility scooter users had been allowed to use the Metro only when accompanied and assisted by an appropriate person on foot.
The man was not seriously hurt in the incident at Byker, Newcastle, on Saturday, but Metro services were disrupted while the scooter was recovered.
Mr Garner said Nexus was now looking to seek compensation for the losses it had suffered as a result.
He said: “This accident demonstrates the importance of the new rule that scooter users only travel with an appropriate companion who can assist with their safety and that of other passengers at all times.”
He said the new regulation had followed a number of incidents in which scooters, many weighing about 80 kilos – almost 180lb – had fallen on to railway lines.
“Had the scooter been struck by a train, there could have been a much more serious accident. As it was, other passengers suffered disruption and delay and we are exploring the possibility of legal action to recover our own costs associated with that. Of course, people have occasional slips and falls on Metro. The point here is that we believe the person involved was in breach of our updated Conditions of Carriage because they did not have a companion, and that led to an accident.
“All Metro passengers should use the system responsibly. If we cannot establish this with all scooter users, then the unique safety risks associated with these vehicles mean we will have no alternative but to ban them altogether.”
Nexus is in the middle of a consultation on the future use of mobility scooters on the Metro, a process carried out with its own advisory body Transport For All.
Mr Garner said there had been four serious incidents involving mobility scooters on the Metro system in just over a year. On two occasions, scooters crashed through train doors and on to the tracks.
On the other two occasions, including the latest incident in Byker on Saturday, scooter users have lost control and driven their vehicles off station platforms and on to the line.
Nexus has in the past taken action against the drivers of vehicles in accidents with trains at level crossings to recover losses suffered through damage to trains and disruption to services.
