The victims of the Stonehaven rail crash which killed three people have received nearly £1million in compensation from Network Rail.
Train driver Brett McCullough, 45, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62, died in the derailment near Stonehaven, Aberdeenshire, on August 12, 2020.
Nine people were travelling on the ScotRail service which derailed after striking debris which had covered the track in inclement weather, due to a failure in the drainage system.
The first carriage turned sideways as the train derailed, with the second and fourth landing on top of it. The third fell down the embankment where it also caught fire.
All of the six remaining passengers were injured, three of them severely.
Read More: Victims and relatives speak out after Network Rail guilty over Stonehaven crash
A Rail Accident Investigation Branch (RAIB) report published in March 2022 found errors in the construction of a drainage system installed by Carillion meant it was unable to cope with heavy rain which fell in the area on the morning of the crash.
The report made 20 recommendations to improve safety, many of which were directed at Network Rail
Last month Network Rail admitted it failed to ensure, so far as was reasonably practical, that railway workers not in its employment and members of the public travelling by train were not exposed to the “risk of serious injury and death from train derailment” as a result of failures in the construction, inspection and maintenance of drainage assets and in adverse and extreme weather planning.
It was fined £6.7m for its failings in the fatal incident, and has now settled out of court with the people affected by the derailment.
Court documents outline how there was a forecast of “extreme rainfall” and reports of severe weather, landslips and flooding in Aberdeenshire and the surrounding area on the day of the crash.
The charge states Network Rail failed to impose an emergency speed restriction “in absence of current information about the integrity of the railway line and drainage assets between Montrose and Stonehaven”, and failed to inform the driver that it was unsafe to drive the train at a speed of 75mph or caution him to reduce his speed.
The charge outlines how the drainage asset which had not been properly constructed failed, gravel was washed out from the drainage trench and on to the railway track, which the train struck, causing it to derail, decouple and strike a bridge parapet.
Solicitors Digby Brown took legal action on behalf of seven people involved in the case, two who had lost relatives and five of the passengers on the train.
Read More: Stonehaven crash: Network Rail admits health and safety failings
Injuries of survivors, previously confirmed in the RAIB investigation, ranged from broken bones to lacerations to permanent disfigurements and psychiatric trauma.
A Digby Brown spokesman said: "I can confirm our civil actions against Network Rail have all successfully settled.
“Specifics cannot be discussed however the total sum recovered was nearly £1million with all damages rightly reflecting the injuries, trauma and losses each person suffered, and will continue to suffer for the rest of their lives.
“No amount of compensation will ever heal the wounds of the horrendous and avoidable tragedy at Carmont but it can at least provide recognition to those affected and the means to look to the future in the most life-affirming way possible.”
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