Car Train Crash Case Trial

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller with questions regarding a car-train crash that took the life of the caller’s relative.

Car-train crashes can result in severe injuries and fatalities.

In a car-train crash, liability will often be hotly contested by the railroad company.

At properly maintained grade crossings, the railroad will contend that its locomotive had the right of way and that the car or truck struck at the crossing failed to yield when it attempted to cross the tracks.

Train litigation will require lawyers to be familiar with the Federal Railroad Administration (FRA) guidelines. The National Transportation Safety Board (NTSB) will investigate many such crashes. However, in most cases, private accident reconstruction experts will need to be retained to analyze a crash.

Here is a list of the type of conduct important to determining railroad operator negligence:

• Failing to properly sound the train horn/whistle to warn motorists approaching the crossing.
• Traveling at an excessive speed unreasonable for conditions and in excess of the speed limit pertaining to the class of tracks.
• Failing to install or maintain grade crossing warning devices to warn motorists approaching the railroad tracks.
• Failing to remove foliage obstructing a motorist’s view of a train as the motorist approaches a crossing.
• Failing to keep and maintain a proper lookout from the locomotive for approaching vehicles.
• Failing to provide crossing protection sufficient to warn motorists of an approaching train.
• Violating Indiana law requires each railroad to maintain each public crossing under its control so that the motor vehicle operator will have an unobstructed view of fifteen hundred (1500) feet in both directions along the railroad right-of-way.
• Violating Indiana law requiring all railroad operators to destroy all vegetation and noxious weeds growing on lands occupied by them that might interfere with a view down the tracks.

There are close to ¼ million grade crossing in the USA.  Many drivers each day encounter railway crossings.

If you or a loved one is injured in a collision with a train, seek the advice of knowledgeable legal counsel as soon as possible. Most cases of this type will require a trial.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”