Lawyers representing victims of the tragedy near Stonehaven in August 2020 say that failures identified in the official accident report amount to 'the very definition of negligence'.
The RAIB found that differences between the design of the drain and its construction meant it was unable to cope with the amount of rainfall prior to the crash.
The firm Carillion failed to inform Network Rail and the designers of the drain, ARUP, that it was adding the bund to the system.The RAIB concluded that if it had been built in accordance with the designs, it was"highly likely to have safely accommodated the flow of surface water".• The drainage works were not entered into Network Rail's infrastructure maintenance database so it was never inspected or maintained after installation.
• In 2015 Network Rail acquired a computer tool, the Network Rail Weather Service , to accurately capture weather data to help assess the appropriateness of train speeds or service cancellations. However the NWRS was not properly configured and staff were not properly trained on how to use it. • When the decision was taken to move the train back to Stonehaven, no instructions were given to the driver or signaller that the train should run at reduced speed despite an awareness of obstructions in the local area.The three people who died in the crash were 45-year-old train driver Brett McCullough, conductor Donald Dinnie, 58, and passenger Christopher Stuchbury, 62.
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