December 15, 2012--Montgomery, Fayette County, West Virginia--A 29-year-old woman from Charleston was killed in a train accident in Fayette County on Friday night according to Montgomery police sources.
The woman has not yet been identified by authorities pending notification of relatives, but witnesses said that she had gotten off a bus and was attempting to cross the tracks away from a posted crossing. Witnesses said that she appeared to be looking at her phone rather than up or down the tracks. One witness said that he attempted to tell the woman to stop but she did not listen. Suddenly, the train hit her.
Family members stated that the woman was the mother of four children and was in Montgomery to visit two of them.
Montgomery police continue to investigate the accident and have not released any official information at this point.
My thoughts and prayers go out to the victim's family in this tragic accident.
Railroad Responsibilities at Train Crossings
In his post, "What Are The Duties And Responsibilities Of A Train Crew As They Approach A Public Grade Crossing?," Chris Heavens explains the responsibility of a train crew in attempting to keep pedestrians and motorists safe. While this victim was not on the tracks at a marked graded crossing, it is reasonable to assume that there is a problem since any warnings or sirens from nearby should have been audible to her. It would also be helpful in assessing this case to know how close the nearest graded crossing was and if there are flashers or other indicators there that might be visible from the accident scene.
It is a fact that railroads are powerful companies with vast teams of lawyers who will work hard to avoid paying out anything on claims. In many cases, railroads are successful at dodging their legal responsibilities to victims because the victims simply do not understand how to fight railroad companies and collect the damages to which they are entitled.
Liability in Railroad Accidents
Since liability is not always clear in railroad accidents, the families of victims killed by trains should seek professional legal advice for about their rights. A Charleston personal injury attorney can help victims understand their rights in a railway accident or help the families of victims killed in these accidents recover damages for their losses.
Source: The State Journal, "Charleston Woman Killed By Train In Montgomery," Jeffrey Spradlin and David Iverson, December 15, 2012.
Chris Heavens, a West Virginia personal injury lawyer, worked as a defense lawyer representing large companies before turning to victim's rights. Mr. Heavens understands the tactics companies use to avoid paying their rightful share of damages when someone is injured or killed. To help victims understand their rights, Chris Heavens has published 10 Things Insurance Companies Don't Want You To Know. If you have been injured by an accident involving a railroad or other large company, contact Heavens Law Offices today to discover how you can protect your rights and collect damages for your injuries.