In the afternoon on January 11, 2020, our client was driving herself and her four-year-old son Southbound on Paine Avenue in Toledo, Ohio, when she approached a railroad crossing that was unprotected by gates, bells, lights, or other automatic warning devices.
Our client had a substantially blocked line of sight due to a building located to her right–looking West. Additionally, a “Do Not Block Drive” traffic sign posted next to the building on our client’s right prevented her from stopping her car a safe distance away from the crossing. As a result, she was forced to drive forward well beyond a safe distance from the crossing in order to have a clear line of sight for any approaching trains.
Though our client was exercising ordinary care, she was unable to see the train approaching the crossing from the East. As our client crossed over the railroad track, the train passed through the crossing, and she could not move her vehicle quickly enough to avoid getting hit.
Consequently, the train collided with the right side of her vehicle at a high rate of speed. Both our client and her son were transported to the hospital in an ambulance and began treatment for serious personal injuries.
Assessing Client Damages
The collective defendants, Norfolk Southern Railway Company and Norfolk Southern Railway Corporation, had a duty to exercise ordinary care to avoid collisions with motorists. This includes exercising ordinary care to warn motorists of approaching trains, constructing and maintaining a good crossing that complies with all applicable regulations, and installing proper pavement markings and warning devices such as a reasonably located stop bar and appropriate signage.
This ordinary care also includes maintaining a clear and adequate sight distance for motorists approaching the crossing, and sounding a whistle at the whistle point before the crossing in a manner sufficient to warn motorists. Conductors must also maintain a proper lookout for motor vehicles at the crossing, operate the train at a reasonable and safe speed considering the condition of the crossing, and initiate emergency stop procedures to avoid hazards.
As a direct result of the defendant’s negligence, our client sustained serious harm, including injuries to her face, eyes, neck, back, and pelvis. Her son also sustained serious personal injuries, including but not limited to severe lacerations to his face and head and injury to his head and mouth. Both were required to undergo significant medical treatment, incurring costs along the way. Our client believes these injuries are permanent and will require future medical care.
If the railroad company had exercised the proper precautions, our client’s and her son’s physical, psychological, and emotional injuries could have been avoided. As such, our client is seeking damages to cover all current and future losses.
Contact an Attorney from Charles E. Boyk Law Offices Today
Businesses such as railroad companies have a responsibility to ensure the safety of motorists. If you or a loved one has been injured in a railroad crossing accident, you may be entitled to financial recovery. Contact an experienced attorney at Charles E. Boyk Law Offices today to schedule a free consultation, so we can help you fight for the compensation you deserve.