Crash site: the western entrance to the Waddon Marsh tram stop is where the fatal collision with Reuben Abakah occurred in August 2022
The company which operates Croydon’s tram network is being sued for negligence over the death of a teenaged e-scooter rider who was killed after being hit by a tram.
Reuben Abakah, who was 19, died in hospital three days after being struck by a tram travelling at 37mph as he crossed the tracks near Waddon Marsh stop on August 22, 2022.
His family has filed a claim in the High Court for in excess of £200,000 from Tram Operations Limited, which runs the network for Transport for London.
Their claim states that Abakah was visible to the tram driver “well before” he crossed the tracks. At the inquest into Abakah’s death, which concluded last year, it was established that the teen had his hood up and did not slow down as he entered the footpath crossing at the same time as the tram.
The document claims that the tram driver, who is named in the filings, failed to keep a “proper lookout” or recognise the “developing hazard” as Abakah approached the crossing.The driver did not operate the tram “at a safe speed in the circumstances” or use its audible warnings or brakes effectively, according to the claim.
The court document describes how the driver first sounded her warning bell 2.0sec before the collision, and her horn 1.4sec ahead of the crash, which was too late to be “acted upon”.
The sound level emitted by the bell was below the ambient background noise at the crossing, and the levels of both the bell and horn were “materially below the recommended band”, according to the document.
Personal injury lawyer: Ben Posford says it does not matter that the victim did not look as he crossed tram tracks
The driver applied the service brake – used during normal operations – 0.8sec before the collision, and the hazard brake 0.1sec later.
The speed limit for trams using the crossing has since been reduced from 43mph to 31mph.
The crossing features a chicane intended to slow users, but it did not cause them to naturally turn towards the direction of approaching eastbound trams, such as the one which hit Abakah.
His father, Frederick Woode, said he hopes that “lessons are learned from this” and “changes are made before anyone else loses their life”.
He said: “I know nothing can bring Reuben back, but I believe the tram should not have been travelling as fast as it was.
“The crossing should also be altered so that pedestrians like Reuben do not have their backs to approaching vehicles.”
No legal action is being brought against the driver.
The case is being handled by personal injury lawyers Osbornes Law. Solicitor Ben Posford has said publicly that it did not matter that Abakah “didn’t look properly” when crossing the tracks in front of an on-coming tram.
“That’s not how health and safety works, and hasn’t done for a very long time,” Ponsford said.
“He didn’t look until the last minute and he made an error there. From time to time, people are going to make an error. You have to have health and safety measures in place that account for human error, that account for zoning out.”
The lawyers say that they have seen no evidence that CCTV has been fitted inside tram drivers’ cabs, something which was a key recommendation of the Rail Accident Investigation Branch following the 2016 Sandilands tram crash in which seven people were killed and 61 people injured.
Read more: Boy in Kenley rail accident was distracted by his mobile phone
Read more: Time has come for real answers over the Croydon tram crash
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