The husband of a woman killed along with her grandson on a level crossing in Nottinghamshire has launched legal action against Network Rail.
Jean Hoggart, 56, and seven-year-old Mikey Dawson were hit on Bestwood Village's Moor Road crossing in 2008.
Laurence Hoggart has issued High Court proceedings against Network Rail, claiming the firm was aware of the dangers but took no action.
The risk to pedestrians had not been properly considered, an inquiry found.
The train was travelling between Worksop and Nottingham on the evening of 22 November when the accident happened.
A Rail Accident Investigation Branch (RAIB) report concluded that concerns raised about poor visibility at the crossing, where trains and trams run parallel, had not been addressed.
Investigators said a significant factor in the accident was that the point at which pedestrians make their decision to cross was not clearly identified.
A Network Rail spokesman said: "Our thoughts remain with the family following the deaths of Mrs Hoggart and Michael.
"We have received a claim and it would be inappropriate to comment further while proceedings are active."