Marleen (62) acquitted after hallucinatory accident by train on level crossing in Bilzen: « lack of clear signage » (inland)

The hallucinatory images of the accident on 11 May 2023 went viral in no time. The Gray Mercedes GLC van Marleen stands still on the Rail Road in the Molenstraat in Bilzen. A road worker films the scene and shouts that Marleen has to continue. The woman tries to give gas in a panic, but the car does not move a fin. A few seconds after the ring signal, the car is grabbed by a train. There is hardly anything left of the vehicle, but Marleen survives the blow as by Wonder. The Genkse was injured: a broken neck vertebra, three broken ribs and a blow lung. She was in the hospital for six days.

Irresponsible action

According to the Tongeren attorney, Marleen was guilty of ignoring a prohibition sign and hindering the level crossing while she should have known that she would come to a halt on the tracks. Before that she risked a driving ban and a fine. « She should have known that she was not allowed to drive up the railway, but Mrs wanted to get her grandchildren out of school on time. It was an irresponsible and dangerous action, » said the prosecutor last month, when the case was treated for the Tongeren police court.

Inadequate signage

Master Victoria Roddi, who assisted Marleen, talked about a more nuanced story and pointed to many elements that she believed to lead to Marleen’s acquittal, such as a lack of signage. « 200 meters before the works was a Nadarhek with a C3 board together with a sign of exceptionally local traffic. Because my client had to be barely a kilometer further at the school of her grandchildren, she considered herself as local traffic, which drove the fence over, » Roddi admitted.

Read too. Marleen (62) goes for acquittal after she was hit by train: « She could not estimate this correctly by the circumstances »

According to Roddi, the situation on the railway became more confusing, because there were no nadar gates along Marleen’s side of the tracks with prohibition signs to cross the tracks. The other side of the railway was closed. « At that time, another driver between the fences, in the opposite direction, drove the tracks. It was an unclear traffic situation, » said Roddi.

« The signaling on the railway was not placed in accordance with the permit delivered, nor according to the regulations. Marleen was confused about what was and what was not allowed. After an attempt to drive, she saw no alternative than to ride the tracks as she saw the other driver doing. » But when Marleen wanted to leave the tracks, she could not pass between the fences.

Precious seconds

According to Roddi, it didn’t stop there, who also pointed to the behavior of the site manager. « While my client ended up in a dangerous stress situation, he began to address and film her in an aggressive tone. So valuable seconds were lost. He should have brought her to safety first. »

Marleen tried to get her car off the tracks, but it blocked it through an automatically attracted handbrake, making the collision by train inevitable. « It was a coincidence. In total, six drivers drove over the tracks that day. The site leader should have already thought of the first driver: is something wrong with the signage? », Says Roddi.

Acquittal

The police judge also ruled that Marleen is not in mistake and spoke her free on Tuesday morning. For this, the judge, just like Master Roddi, points to the poor signage and behavior of the site manager. « It must be pointed out to the manifesto lack of clear signage that created a real risk of accidents in combination with the attack of the site manager, » is the verdict. « The behavior of the site manager has put the lady in total panic. Which in the opinion of the court is the only reason that she was unable to move her vehicle in time. He continued to swing various reproaches with the GSM, which has been lost to the head of Mrs., causing valuable time to be lost. »

« It’s a acquittal across the whole line, » responds Master Roddi with a happy way. « The court followed me throughout my reasoning. We are super relieved that the judge has realized that it is a coincidence that cannot be attributed to my client and that her estimation error does not have a criminal consequence. She did her best not to end up in this situation and she did not know how to know an error. »