Driver is sued after rail crash

London's High Court has just released details of South West Trains' writ against haulier Mr Wilshire, 53, of Worton, near Devizes.

It is suing Mr Wilshire for £537,255.95 damage to its two-carriage Sprinter train that ploughed into his 50ft-long Scania lorry and trailer at the crossing on July 2 2001.

Mr Wilshire, of Sandleaze, was shocked to learn from the Gazette yesterday that he is being sued.

Though the High Court in London made the writ public on Tuesday, Mr Wilshire, who has been a self-employed lorry driver for over 17 years, had not been informed.

After consulting his solicitor, he declined to make any comment.

The news of the writ was confirmed yesterday by a spokesman for South West Trains.

Network Rail, meanwhile, said it will also be taking legal action against Mr Wilshire and his insurers to claim expenses incurred by damage caused by the crash.

The South West Trains writ says that three passengers were hurt in the collision.

It alleges that Mr Wilshire negligently caused the accident by failing to contact the signalman for permission to cross, drove across very slowly at less than three miles an hour and stopped in the train's path.

South West Trains is also seeking damages and an indemnity against any compensation it may be ordered to pay the injured passengers.

A spokesman for the train company said: "We are claiming back the costs of damage to the train. We believe the lorry driver was responsible. He didn't use the crossing properly. There is a sign which warns drivers to contact the signalman, which he didn't do.

"The lorry appeared to get stuck on the crossing and, though the (train) driver braked he couldn't stop in time."

Although the crash was investigated by British Transport Police, no criminal prosecution was brought against Mr Wilshire. It is expected he will deny liability.

At the time of the accident, Mr Wilshire was on his way to a quarry to collect a load.

He said at the time: "The lights were on green and I looked both ways before crossing.

"I was half way across the level crossing when suddenly there was a huge bang. I had a trailer unit at the back of the lorry and the trailer ended up almost 100 yards down the track.

"The impact shunted my lorry into a concrete post which ripped the fifth wheel to pieces.

"I think that post saved my life. I was lucky that the coupling joining the cab to the trailer ripped off, otherwise I dread to think what would have happened. I then panicked I fully expected the train to be on its side down in the bank. If I had been carrying a full load then it could have been terrible."

The Sprinter train remained on the rails. The driver suffered minor injuries and was treated at Salisbury District Hospital, and the 45 passengers walked to safety along the track.

Mr Wilshire said he had used the crossing a couple of times before the accident.

He said: "It only takes a couple of seconds to get across. The light was on green so I went. I would expect a red light to be on for a good few seconds before a train came."

Mr Wilshire has been a parish councillor in Worton for some years and became chairman after the local council elections in May.

He lives with his wife Marlene and his children Daniel and Samantha.

Network Rail, the not-for-profit company set up by the Government to look after the railway infrastructure following the collapse of Railtrack, said it, too, would be suing Mr Wilshire for the cost of repairing the level crossing.

They have not said when the writ is likely to be served or how much they are suing for.

But Mr Wilshire's case could be boosted by the reaction of local people to the crash.

John Pope, who lives in Quarry Lane, Tisbury, close to where the 7.42am Gillingham to London train crashed into the 14.5-tonne lorry, described the situation at the level crossing as an accident waiting to happen.

He said: "Something like this was always going to happen. Some of the lorries that come through here are enormous."