Legal Question in Personal Injury in Indiana

Re: Train accident kills 16 year old daughter

I am very sorry for the loss of your daughter. Based on the information provided in your question, I think the chance of holding the railroad company responsible for her death is very poor. In Indiana, if a person is fifty percent or more at fault for causing the accident, then there is no recovery. But don't give up hope for a recovery until you have discussed the case with a few attorneys. I have turned down cases that other attorneys worked to a fine result; and I have succeeded at cases other attorneys would not touch. Children are not held to the same degree of responsibility, so you might have a chance. The train's speed, whether the horn blew, weather conditions, etc., could all be factors in support of a claim. You need to confer, in person, with an attorney with experience in personal injury law, preferablhy someone who has been a few rounds with the railroads. Don't sign any attorney agreements until you have reasonable confidence in the person's ability. As to the newspaper reporting that your daughter had alcohol in her system: if true, then no recovery, unless it is true but misleading, like she had alcohol in her blood but it was not from drinking. It's just a nasty little tidbit newspapers like to do in support of railroads. Newspapers are not prohibited from publishing information about juveniles except in specific circumstances, like reports from juvenile court hearings, welfare, etc. Good luck.