January 04, 2013
/24-7PressRelease/ -- Four veterans were killed and 16 more were injured in a Texas train wreck in November. Veterans and their families were participating in a parade intended to honor wounded veterans for their military service. The flatbed truck upon which they were riding was driven onto a railroad crossing and a fast-moving train crashed into the truck, causing the fatalities and numerous injuries.
Veterans and families bring lawsuit
Two couples on the truck at the time of the accident brought a lawsuit against the railroad company and the company that provided the truck. The lawsuit alleges 28 individual counts of negligence against the railroad company and additional counts on the part of the truck owner.
The truck company is accused of providing a driver who did not keep a proper lookout and failed to exercise due care while driving the truck. During the ensuing investigation, it was found that the
truck driver drove the flatbed onto the tracks despite activation of the red flashing lights and warning bells. Witnesses also noted that one of the crossing arms had dropped down and hit the parade float while it was crossing.
Among other issues, the railroad company is accused of failing to:
- Provide a safe crossing area
- Provide reasonable and timely warning of an approaching train
- Slow down or brake before impact with the truck
- Repair hazardous conditions posed by the road grade at the intersection
The Texas Department of Transportation released documents that demonstrated that the crossing's warning system -- the flashing lights and warning bells -- was designed to operate at least 30 seconds before the arrival of a train. On the day of the incident, only 20 seconds elapsed from the time the system was activated to the train's arrival. Although the twenty-second time period meets federal standards, many railroad companies provide longer intervals at crossings.
Victim and survivor rights
The accident highlights just how quickly a fatal accident can happen. When another's negligence causes an injury or fatality, the victim or his or her survivors have a right to pursue legal action for personal injury or
wrongful death.
Although nothing can bring the loved one back, a wrongful death lawsuit can provide financial compensation for many of the losses that result from a fatal accident. Survivors can receive compensation for damages including loss of the victim's future income and loss of the victim's care and companionship.
Article provided by Sommerman & Quesada, L.L.P.
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