Tram operator sued for £200k in damages over death of teenage e-scooter rider
The family of a young e-scooter rider who died after being hit by a tram is suing the public transport operator for negligence.
A document lodged on their behalf at the High Court in London claims Reuben Abakah was visible to the tram driver “well before” he crossed the tracks where he was hit by a London Tram service in Croydon on August 22, 2022.
The 19-year-old had his hood up and did not slow down as he crossed the Waddon Marsh West footpath at the same time as the tram, which was traveling at 59 kilometers per hour (37 mph). He died in hospital from his injuries three days later.
His family are seeking damages in excess of £200,000 from Tram Operations Limited (TOL), a subsidiary of transport giant FirstGroup, which operates London Trams (TfL) for Transport for London.
The document alleges the tram driver, Michelle Bishop, failed to exercise “proper attention” or recognize the “developing danger” as Mr Abakah approached the crossing.
According to the family, he did not operate the tram “at a safe speed under the conditions” or use its buzzers or brakes effectively.
The court document says the driver sounded his warning bell 2.0 seconds before the collision and his horn 1.4 seconds before the collision, making it too late to “take action.”
The sound level emitted by the bell was below the ambient background noise during the transition, and the levels of both the bell and the horn were “significantly below the recommended band,” according to the document.
It applied the service brake used in normal operations 0.8 seconds before the collision and the hazard warning brake 0.1 seconds after.
The speed limit for trams using the pass has since been reduced from 70 km (43 mph) to 50 km (31 mph).
The crossing has a trick intended to slow down users, but this does not naturally cause them to turn into the direction of eastbound trams like the one that hit Mr Abakah.
His father, Frederick Woode, said his “only wish was for lessons to be learned from this” and “changes to be made before others lose their lives.”
He continued: “I know nothing can bring Reuben back, but I believe the tram shouldn’t have gone that fast.
“The crossing should also be changed so that pedestrians like Reuben do not turn their backs to oncoming vehicles.”
The inquest into Mr Abakah’s death, held at South London Coroner’s Court in Croydon, concluded in August last year that he died as a result of an accident.
No legal action is being taken against Ms Bishop.
The family’s lawyer, Ben Posford of Osbornes Law Firm, said it “shouldn’t matter” that Mr Abakah “doesn’t look right”.
“Health and safety doesn’t work that way and hasn’t done so for a very long time,” he said.
“He didn’t look until the last minute and made a mistake there. People will make mistakes from time to time.
“You have to have health and safety measures that account for human error, that account for zoning.”
Following the 2016 Croydon tram crash in which seven people died, the Rail Accident Investigation Branch (RAIB) recommended that consideration should be given to installing CCTV cameras in driver cabs to assist investigations into future incidents.
Osbornes Law said he saw no evidence of cameras being installed.
Mark Davis, TfL’s London Trams managing director, said: “Our thoughts and deepest condolences are with the family and friends of Reuben Abakah, who tragically died following a collision between an e-scooter and a tram in Croydon in August 2022.
“We understand that the family is currently taking legal action against our operator, so we cannot comment further while these proceedings are ongoing.”
There is no publicly available written defense of the claim.
TOL declined to comment while legal proceedings are ongoing.
