A 74-year old man was killed in Greenup County when a traveling CSX train hit his truck. The truck driver was crossing the railroad tracks when the impact of the crash caused the truck to end up in the front yard of a nearby house. The police indicated that the lights and gates at the crossing appeared to be in working condition. None of the 73 passengers on the Amtrak train were injured, though they were delayed for several hours as police investigated the accident.
Accidents involving mass transit vehicles result in complex claims
Cases like this one begin with an investigation by the police who are called to the train accident location. In train crashes, the National Transportation Safety Board (NTSB) will also be alerted to the crash and will conduct an investigation. The goal of this investigation is to determine fault, as well as to prevent future accidents from happening.
Kentucky truck accident lawyers hired to represent victims will employ their own investigators to speak with witnesses, review the reports of the police and the NTSB, and to conduct their own review of the accident site. In appropriate cases, the lawyers may also hire an accident reconstruction expert to determine fault.
In this type of case, the investigation will be two-fold. The first part of the review will be to examine the liability of the driver. Did he stop before entering the tracks? Was he intoxicated, distracted, or fatigued? Was he speeding, or otherwise in violation of traffic safety laws?
The second half of the investigation will be focused on determining if the site of the accident itself had a part to play in causing the accident. Considerations include:
- Previous injuries at the train site. Prior accidents at this site would indicate the crossing may not have been maintained properly and that someone should have done the necessary maintenance.
- Inspection reports of lights and guard crossings. The apparatus at the train crossing should be regularly inspected to ensure proper functioning.
- The site itself may have been poorly designed. Trucks and vehicles should have warnings that train tracks are a short distance away. The crossing should be visible and not hidden by trees, bushes, or other obstructions.
In this case, the only known victim is the deceased. If Amtrak or any other entities were responsible for the accident, the family of the deceased truck driver would have the right to bring a wrongful death action against the responsible companies.
Families of deceased drivers sometimes believe they do not have a case. However, the Kentucky truck accident lawyers at Crandall & Pera Law thoroughly investigate these cases to ensure your family receives justice. If your spouse, parent, or child was killed or suffered a catastrophic injury, retain competent counsel to advocate on your behalf. Crandall & Pera Law can help you get justice. To make an appointment, please phone us at 877.651.7764 or fill out our contact form.