The family of a teenage e-scooter rider who died after being struck by a tram are suing the public transport operator for negligence.
A document filed in the High Court in London on their behalf claims Reuben Abakah was visible to the tram driver “well before” he crossed the tracks where he was hit by a London Trams service in Croydon on August 22, 2022.
The 19-year-old had his hood up and did not slow down as he entered Waddon Marsh West footpath crossing at the same time as the tram, which was travelling at 59 kilometres per hour (37mph). He died in hospital from his injuries three days later.
His family is seeking damages in excess of £200,000 from Tram Operations Limited (TOL), a subsidiary of transport giant FirstGroup, which runs London Trams for Transport for London (TfL).
The document claims that the tram driver, named as Michelle Bishop, failed to keep a “proper lookout” or recognise the “developing hazard” as Mr Abakah approached the crossing.
She did not operate the tram “at a safe speed in the circumstances” or use its audible warnings or brakes effectively, according to the family.
The court document describes how the driver first sounded her warning bell 2.0 seconds before the collision, and her horn 1.4 seconds ahead of the crash, which was too late to be “acted upon”.
The sound level emitted by the bell was below the ambient background noise at the crossing, and the levels of both the bell and horn were “materially below the recommended band”, according to the document.
She applied the service brake – used during normal operations – 0.8 seconds before the collision, and the hazard brake 0.1 seconds later.
The speed limit for trams using the crossing has since been reduced from 70kmh (43mph) to 50kmh (31mph).
The crossing features a chicane intended to slow users, but it did not cause them to naturally turn towards the direction of approaching eastbound trams, such as the one which hit Mr Abakah.
His father, Frederick Woode, said his “one wish is that lessons are learned from this” and “changes are made before anyone else loses their life”.
He went on: “I know nothing can bring Reuben back, but I believe the tram should not have been travelling as fast as it was.
“The crossing should also be altered so that pedestrians like Reuben do not have their backs to approaching vehicles.”
An inquest into Mr Abakah’s death 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 brought against Ms Bishop.
The family’s lawyer, Ben Posford of Osbornes Law, said it “shouldn’t have mattered” that Mr Abakah “didn’t look properly”.
“That’s not how health and safety works, and hasn’t done for a very long time,” he said.
“He didn’t look until the last minute and he made an error there. From time to time, people are going to make an error.
“You have to have health and safety measures in place that account for human error, that account for zoning out.”
Following the 2016 Croydon tram crash in which seven people died, the Rail Accident Investigation Branch (RAIB) recommended that installing CCTV cameras inside drivers’ cabs should be considered to aid inquiries into future incidents.
Osbornes Law said it has seen no evidence that cameras have been fitted.
Mark Davis, TfL’s general manager for London Trams, said: “Our thoughts and deepest sympathies remain with the family and friends of Reuben Abakah, who tragically lost his life in August 2022 following a collision between his e‑scooter and a tram in Croydon.
“We are aware that the family are currently taking legal action against our operator so we cannot comment further while these proceedings are ongoing.”
No written defence to the claim is publicly available.
TOL declined to comment while legal proceedings are ongoing.
