Son of couple killed in Caithness rail crossing crash to sue

David MacKay is taking the action after his father Angus and mother Margaret, both 81, from Inverness, died in the incident which occurred in Halkirk village in September 2009.

Mr MacKay’s brother, Donald, 66, from Latheron, Caithness, was a front-seat passenger in the car.

He was also killed in the crash at the unmanned crossing, which has warning lights but no barriers.

Cameron Fyfe, of law firm Drummond Miller, said the main allegation was that Network Rail should have erected a barrier at the level crossing.

The second allegation is that the warning lights are difficult to see when the sun is shining.

Mr Fyfe said: “The main allegation is that Network Rail ought to have erected a barrier at this level crossing because there had been so many incidents there. Had there been a barrier, this particular tragedy would not have occurred.

“He is suing for the loss of his parents.

“He is anxious to show that his parents were not to blame and that if a barrier is now erected it could save lives in the future and their deaths will not have been in vain.”

Mr Mackay said he has been deeply affected by his parents’ death and has trouble sleeping.

He said: “It’s had a huge impact on me.”

A report into the collision by the Rail Accident Investigation Branch (RAIB) found that Network Rail “did not properly understand the risk at Halkirk level crossing because it had not taken the previous accident record into account”.

It also said that Angus Mackay’s “sub-standard” eyesight was the most likely reason that he, the driver, did not see and react to the flashing road traffic light signals.

A Network Rail spokesman said: “We are aware that 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.”