Railtrack sues driver for £11m

THE MAN responsible for the Selby rail disaster is being sued for more than £11m in a High Court action by Railtrack.

Gary Hart was jailed for five years in January for causing death by dangerous driving after 10 people were killed when his Land Rover careered off the M62 into the path of an oncoming train.

During a 12-day trial it emerged that the 37-year-old fell asleep at the wheel of his car after he spent most of the night talking to a woman on the internet before setting off on his journey.

The Railtrack writ claims he acted 'negligently' by driving when he had no sleep the previous night. The company is seeking compensation for damage and lost business.

Great North Eastern Railway, whose train was travelling at 117mph when it ploughed into the Land Rover in Selby, North Yorks, is also demanding compensation for victims and families.

A Railtrack spokeswoman said any money recovered would go into the rail network. 'This is a standard insurance claim which any industry would go through after a major incident,' she reportedly said.

Although the writ was served in Mr Hart's name, the claim will be settled between insurance companies, a spokesman said. 'Our insurers are seeking to recoup the costs of the accident from Gary Hart's insurers. 'We had the biggest costs because we footed the bill for the clean-up operation, repairing the track and so on. In terms of car insurance, it's probably the biggest claim we have come across.'

Freight operator EWS is likely to follow with its own claim.

The packed GNER train was derailed after hitting Hart's Land Rover and smashed into the path of an oncoming 1,600-tonne coal train on the East Coast main line.

The court was told how construction company chief Hart, of Strubby, Lincs, climbed out of his stricken vehicle to make a frantic 999 call seconds before the 4.45am Newcastle-London train carrying 102 people smashed into his car and trailer.

One legal expert told The Sun newspaper that Hart would probably be granted legal aid for the case, adding: 'Obviously Hart is in no position to pay millions in compensation. But the rail companies have to start somewhere and there is no doubt that he was the cause of the crash. His insurers may be involved in this pretty quickly,' the paper reported.