Regina Saskatchewan - A Saskatchewan Court of King's Bench justice has ruled that a truck driver who drove his semi onto train tracks in Regina while the red crossing lights were flashing and was hit by a CP train was negligent, according to a recently published decision.
 
The crash occurred at the intersection of Ring Road and the CP tracks, south of the Co-op refinery, at approx 04:45 CST on 30 Jan 2018.
 
The train, which was carrying diesel, was reversing at around eight kilometres per hour when it hit the truck that Thomas Henderson was driving, according to the ruling.
 
The train dragged the truck along the rails for about 15 metres.
 
No one was injured.
 
In January 2020, CP filed a claim for $645,119.25 in damages it said was caused to the train and railway by the driver's negligence.
 
Canada Cartage System Limited, the owner of the truck, then filed a counterclaim in April 2020 for the damage to its vehicle.
 
Canada Cartage System Limited's claim was dismissed because it was filed too late.
 
Affidavit from Train Conductor
 
Both companies agree that the truck driver drove into the intersection while the red lights at the crossing were flashing.
 
"I find that Mr. Henderson fell below the standard of care expected of a reasonable truck driver approaching flashing red lights at a railway crossing when he failed to come to a complete stop and to not proceed until it was safe to do so," Justice Donald Layh wrote in his summary judgment.
 
Henderson stated in his affidavit that the lights were often activated without an advancing train.
 
He said he'd see this about two or three times per month.
 
"Vehicles would slow down, check the railway tracks to confirm no train, and proceed," Henderson stated in his affidavit.
 
The court accepted an affidavit from the train's conductor Ryan Olson, who was on the last rail car leading up to the crash.
 
Olson said that he was riding the rear car as the train reversed toward the intersection.
 
He said he shined his flashlight to see if there was an obstruction on the track or any oncoming traffic.
 
He said he spotted the semi and began shining the light into the cab of the truck to warn the driver about the incoming train.
 
Henderson said he didn't see anything prior to entering the intersection because he was blinded by the flashing red lights.
 
Olson said that once he saw the truck wasn't stopping, he told the engineer to apply the train's emergency brakes.
 
Olson said he jumped off the car about a foot before the crash and hurried to see if the driver was injured.
 
He said that after confirming Henderson wasn't injured, he asked the truck driver what he was thinking.
 
"Mr. Henderson answered that the lights are always on and there is never a train," Olson stated in his affidavit.
 
Layh wrote that damage costs could not be determined summarily.
 
The case will go to trial to determine damage and court costs.
 
Author unknown.