We Help You Find The Truth About Pedestrian-Train Accidents
Train accidents involving pedestrians are often dismissed as suicide. The railroad companies and their regulators would like you to believe so. While some deaths on railroads are likely suicides, there are hundreds of deaths, and it is very unlikely they all are suicides. Trains can move at speeds of 80 mph, which is 116.8 feet per second. This means they may cover the distance of a football field in 2.5 seconds. If the crossing is poorly marked or maintained, the victim may not even realize a train is approaching until it is too late.
We Can Help Investigate A Pedestrian Fatality
Our attorneys at The Law Offices of Dan F. Partin know how to look past the easy excuses of railroad companies and examine the facts of what happened. We know that the railroads have fought for years to prevent the identification of locations where prior deaths have occurred. They argue they have no duty because these individuals are “trespassers” and any individual near a track is either engaged in illegal trespassing or suicidal.
Deaths often occur in urban locations where people who lack cars must walk. Railroad tracks and grade crossings may be designed as if no pedestrians are ever present. Railroads often own hundreds of miles of track and would prefer to minimize maintenance costs. But they regularly inspect every foot of track to prevent derailments. They very likely are aware of locations where pedestrians regularly cross.
In fact, if you look at railroad tracks in many areas of Kentucky, it is often obvious where pedestrians have worn paths across these tracks. They may be in industrial areas, with abandoned buildings or trees and shrubs obscuring portions of the track. No matter where they are located, the railroad should work to save lives and not just money.
Children May Not Recognize The Risk
Additionally, many children are fascinated with trains. Unfortunately, they may not always appreciate the risk they pose. The legal doctrine of “attractive nuisance” can be used to hold landowners liable when they negligently fail to protect individuals from harm.
Railroads do have a duty to prevent children from getting too close to the tracks and should maintain marked crossings where they can safely cross the tracks. Sadly, railroads attempt to shift the blame to all pedestrians, including children.
More Than 20 Years Of Legal Experience
Our attorneys are skilled at working with premises liability law. If a loved one has died in a pedestrian-train accident, we can examine your facts and, if the railroad was negligent, work to hold it accountable.
We can help you look for the facts and get to the truth about any pedestrian death involving a train. We represent clients throughout Kentucky, have offices in Lexington, Harlan and Middlesboro, and offer weekend and evening appointments, as well as home and hospital visits. For a free consultation to speak with one of our lawyers, call 859-359-7390 or use our convenient online form.