It's a shame the railway must incur huge cost 'investigating' now it's 99% clear the cause was exactly the same as almost every other car accident that occurs every year - driver error.
As far as Im aware, the RAIB report hasnt been completed or published yet, so no-one can properly say who, if anyone, is liable for the accident.
It's a shame they cannot restrict the investigation to 'Was the barrier closed before the car hit it? If yes, end investigation as far as RAIB is concerned'. Any further investigation, if neccesary, should be the responsibility of the traffic police as with any other ROAD accident.
Sadly I dont think things are as black and white as that. As has been previously stated, there are many possibilities regarding the cause of the accident. Until the RAIB report on the findings of their investigation, its hardly worth speculating.
You raise an interesting point about the traffic police investigating the accident, however, once the investigation is complete, would it not be easier for the RAIB to pass on their findings to the police and the CPS, rather than two investigations being undertaken into the same incident ?
Is the ladies insurer going to pick up the tab for the costs of the RAIB investigation?
The insurer of a motor vehicle is not liable per se, ie just because the car was involved. Normal practice is that motor insurers only compensate people who have a legal cause of action, ie if they have been injured or have suffered financially as a result of the negligence of their insured. So if the driver of the car is held liable for negligence, then yes, her insurers may theoretically have to indemnify those who have suffered loss. If the drivers actions were not negligent, then no her insurers probably wont have to pay.
The BBC news article linked in the post above is somewhat misleading due to the odd way it is worded. It appears to suggest that the RAIB investigation has already been completed, when at the time of writing, my understanding is that it hasnt been completed.
A crash between a car and a train which killed a four-year-old girl happened after the car she was in was driven through a barrier and into the path of the train, an investigation has found.
Later in the same article, it says that the report was released ahead of the investigation. But the text relating to the incident on the RAIB website looks more like information about an ongoing investigation rather than a report.