Woman hit by train while allegedly drunk suing NSW rail company for compensation
A woman who was hit by a southern Sydney train as a teenager while she was walking allegedly drunk on a railway track at night, is suing the rail company for compensation.
Amanda Bell, 20, was 14 when she fell off a platform at Gymea in the Sutherland Shire and was stuck by a train.
She now could be awarded millions for the tragedy, which left her in a wheelchair and with a significant brain injury.
Ms Bell was out with friends on the night she was hit by the train, just after midnight on April 19, 2010.
Police claimed she was intoxicated at the time.
The Daily Telegraph reports that court documents state Ms Bell believes the collision was caused by RailCorp’s negligence.
She claims the driver did not turn on the headlights and that no one saw her step down or fall off the train platform.
However the state government agency claims Ms Bell was hit by the train because she was drunk and should have been aware of the risks of walking along a train track.
News reports at the time suggested the train had been moving ‘at walking pace’ when Ms Bell was struck.
She was left with a fractured skull and punctured lung.
It’s estimated Ms Bell could be awarded as much as $4 million if she wins the battle, which is due to be heard in court on Monday.
The Daily Telegraph reports the statement of claim suggests Gymea station had been closed for three weeks when Ms Bell entered it about 10.30pm and fell asleep on a bench.
She reportedly got up and walked to the edge of the platform and then started walking east along the train tracks.
The train stopped at platform two of Gymea station somewhere between 12.10am and 12.15am.
