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Obstructed views and no lights lead to settlement in train crash

The appearance and maintenance of railroad tracks is strictly regulated by law and any lack of compliance can be deadly. After a Missouri woman lost her husband to a collision on train tracks, she sought financial relief from the railroad company. Her case was partially based on the fact obstructed views and lack of lights were believed to have played a role in the crash.

The 53-year-old man was killed during a collision on the Missouri train tracks. He was thrown from the vehicle. His wife filed a wrongful death suit against the company. She won a $20 million judgment as her husband's percentage of fault for the accident was determined to be 5 percent.

At the sight of the crossing, there were no lights or gates to mark the crossing. There was a sign, however. It was claimed that vegetation caused a visibility issue. Negligence on the part of the train crew was also alleged by the widow's legal representative, although there were no specific acts of negligence reported.

When a train accident is caused by obstructed views or other hazards, a civil case may be pursued against any parties who had a responsibility to ensure that the railroad crossing was safe and appropriately managed. A wrongful death suit can be a difficult process for family members who have lost a loved one. However, a successfully presented claim can result in a judgment that could help a grieving family with unexpected medical bills, funeral costs and the reality of lost wages.

Source: bnd.com, "Missouri woman wins $20 million in train collision lawsuit", April 30, 2015

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