Legal Question in Personal Injury in Massachusetts
Train Accident
My 28 year old son was walking along railroad track and tried to jump on a train, he fell and was run over by the train and died from hi injuries. Does the railroad bear any responsibility. also, as an example, if someone runs infront of a car and gets hit and dies, the person's family will file a claim with the drivers insurance, is the same type of thing possible with csx?
3 Answers from Attorneys
Re: Train Accident
First of all, please accept my condolences.
The answer to your question requires additional facts and circumstances.
Contact an attorney to discuss this case in more detail as it is the type of case that would be taken on a contingent fee basis (i.e. no fee unless successful basis) by an attorney who deems it has merit.
Re: Train Accident
I am very sorry to hear about your loss. However in this case I would tend to lean towards a non-suit. It is very unreasonable for a railroad to expect someone trying to jump on their jump. Their is no negligence with regards to any of their conduct. Without negligence, then a wrongful death suit is not plausible.
Re: Train Accident
This depends on a more detailed explanation of the facts and description of the area in which where he was hit, as well as any signage and other surrounding circumtances (like prior similar accidents without efforts to prevent additional ones). Having said that, you probably have an uphill climb, but cannot know for sure without further analysis.
Feel free to contact me directly to discuss this further.
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