Marleen (62) risks driving ban for accident by train on level crossing, but goes for acquittal: « was an unclear traffic situation » (inland)

The images are engraved in everyone’s memory. A gray Mercedes GLC stands still on the railway crossing in the Molenstraat in Bilzen. A few seconds after the ring signal, the car is grabbed at high speed by an upcoming train. A deafening bang. The car spins around its axis and ends up against a pole. Hardly anything remains of the vehicle, but Marleen, the driver of the car, survives the blow.

Crying, Marleen can get out of the car, but she ended up in the hospital for six days with a broken neck vertebra, three broken ribs and a blow. « It is a miracle that Mrs. is still alive, » it sounded unanimously in the session of the police court in Tongeren on Tuesday.

Prohibition

According to the attorney, the woman was guilty of obstructing the level crossing on 11 May 2023, while she should have known that she would come to a halt on the tracks, and ignoring the prohibition sign with the exception of local traffic. She risks a driving ban and a fine.

« It is not a complicated matter, » says the attorney. “Ze reed over de spoorweg terwijl dat niet mocht door de wegenwerken naast de sporen. Of dat had ze op z’n minst moéten weten. Ze beslist eerst nog haar GPS te volgen en een alternatieve route te zoeken, maar de GPS liet haar in rondjes rijden waardoor ze steeds op dezelfde plek uitkwam. Mevrouw raakte er niet wijs uit en wilde haar kleinkinderen op tijd van school halen. Daardoor nam ze toch het risico om de spoorweg op te rijden. Dat zijn redenen die begrijpelijk zijn, maar niet It was wise.

Local traffic

Master Victoria Roddi does go for the acquittal. According to her, there is much due to poor signage. « 100 to 200 meters before the works, at the intersection of Molenstraat with Elzenstraat, 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, » Roddi gave Roddi.

According to Roddi, the situation on the railway is even more confusing, because there were no nadar gates along Marleens side of the tracks with prohibition signs to cross the tracks. The other side of the railway was closed. « But at that time another driver came across the tracks in the opposite direction because he could go through the fences. It was an unclear traffic situation, » said Roddi. “The signaling on the railroad was not placed in accordance with the permit delivered, nor according to the regulations. Marleen was completely confused about what was and was not allowed, given the earlier sign that you could drive through as local traffic and the lack of signs and fences on the level crossing itself. That was even provided by the police. There was no way to drive. After any time, there was any trying. Alternatively than to drive the tracks as she saw the other driver doing. « 

Lifter

On the other side of the railway, Marleen saw that the fences were not far enough apart to pass. « And then the site manager arrived, » says Roddi. « While my client ends up in a dangerous stress situation, he starts addressing her in an aggressive tone and films her with his phone. At that moment the ring signal goes off. The moment that the train passed, 22 of which were lost by the scolding tirade of road worker. He should have put her first. »

Marleen tried to get her car off the tracks in all fuss, but it blocked it through an automatically attracted handbrake, making the collision by the train inevitable. « It was a concurrence of circumstances. I am of the opinion that Marleen could not have known that she was standing still on the tracks and that there was no crime. In total there were six drivers that day because they were confused by the traffic situation. The site leader should have already thought of the first director: how is this possible?

304,000 euros in damage

Marleen burst into tears when Roddi showed the film of the accident to the police judge. « I am not concerned with the punishment that I may get if you are guilty, but about the fact that something like that should never happen again. I am happy that I am still alive, » it sounded. Roddi emphasized that Marleen has had driving experience for 44 years and has never had an accident, let alone caused. « Not even a speed or parking fine. She is a textbook example of a safe driver. No hair on her head that would think about getting herself in danger herself or someone else. She just couldn’t estimate this by the circumstances. »

NMBS counsel reacted indignantly about the requested acquittal. « They point to many elements that have to lead to the acquittal, but what encounters me to be breastfed is that they do not look into their own bosom. It was clear that she was not allowed to go up. This could have ended much worse. For her, but also for the train director and the passengers of the train, of which 24 primary school children, » it sounded. NMBS speaks about a total damage of 304,000 euros.

Judgment will follow on 10 June.