A train accident attorney notes that a mother is blaming the UP Railroad for failure to operate a safe railroad crossing after a train killed her son. Efforts to dismiss the case were denied, and the case is cleared to proceed to trial. People injured or the families of those killed in railroad crossing accidents may be eligible to seek compensation with the assistance of a personal injury attorney.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated attorney who can assist you throughout the legal process.
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Evidence Suggests Train Horn Was Silent at Crossing
A Nebraska lawsuit involving a boy killed by a Union Pacific Railroad train will move forward following a contentious battle among judges over whether the railroad or the victim himself was at fault for the accident. Omaha.com reports that charges of wrongful death can be filed against the railroad now that three judges agreed the railroad failed in its duty to operate a safe crossing area.
Judges in the minority argued it was the duty of the victim to make sure the crossing was safe before riding through it on his bicycle. Safety precautions require that a train sound its horn for the entirety of a railroad crossing and for 15 seconds prior. However, evidence recorded at the scene indicated the horn went silent several seconds before the train arrived at the crossing. The mother of the victim also claims the boy was struck because two trains traveling in opposite directions crossed within seconds of one another, and that the noise from the first train drowned out any sound of the second, the website reported.
How a Train Accident Attorney Can Help
Train conductors and railroad owners have a duty to make sure that they operate and maintain their trains in a safe manner. If this duty is not fulfilled, fatal accidents may occur, and the train driver or train company can be held liable for injuries that may result.
People who are injured in train accidents may be entitled to compensation for damages resulting from their injuries, including:
- Medical expenses
- Pain and suffering
- Lost Wages
- Loss of ability to earn
- Scarring and disfigurement
If a person is killed in a train accident, his or her family members may be able to pursue compensation for the wrongful death of their loved one. Wrongful death damages can include:
- Medical expenses incurred prior to death
- Conscious pain and suffering prior to death
- Loss of the economic support of the loved one
- Loss of the companionship of the loved one
- Funeral expenses
People who have been injured in a train accident are advised to seek the counsel of a train accident attorney to learn more about their rights and remedies.
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