Post Fatal Accident Questions

What is the name of your state? What is the name of your state? Illinois
My step-daughter's father was recently killed in a collision with a train. It was at a rural crossing that had no lights or gates.

Pending the outcome of the investigation, will responsibilty for the accident be determined on a percentage of fault?
If so, what bearing would these percentages have in a personal injury action, should it be brought?
If the deceased is found to bear a majority of the fault, is a personal injury action worth pursuing, in good conscience?

I realize that 'good conscience' is a highly relative term, but my wife feels that if the deceased is found to bear the majority of fault, so be it, and she will not start stoking up the coals, and sharpening her rake.

A somewhat related question:

Should a viable personal injury action arise from this situation, would there be any ethical/conflict of interest issues were an uncle of the deceased, who is a business attorney, to handle the case?(Not that my wife would use him, since she wouldn't trust him with a bag of moldy bread.)

My step-daughter's father was recently killed in a collision with a train. It was at a rural crossing that had no lights or gates.
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Was he familiar with the area? or the crossing? Were there any markings on the road, Like a STOP sign, or any sign indicating a train crossing? was he drunk or using drugs?

Or it could really really be just a freak accident, and nobody is at fault.


PS>>> my personal take, he was driving with the stereo cranked up, and looked but DID NOT turn down the stereo, and open his windows and listen for the train whistle.

I'll leave the question of percentage of fault to someone more knowledgable. However, as to your second question, would you go to a dentist for a planter's wart, or a dermatologist to remove your Kidney?

Then why trust a business attorney to handle personal injury litigation?

Originally posted by hexeliebe
I'll leave the question of percentage of fault to someone more knowledgable. However, as to your second question, would you go to a dentist for a planter's wart, or a dermatologist to remove your Kidney?

Then why trust a business attorney to handle personal injury litigation?

The missus has no intention of even talking to him about it.
Just curious if the close relation is acceptable, even if he did have personal injury experience.
There is a second minor child, and my wife doesn't want that child's mother to get suckered into using him, so is looking for an easy out for her.

To answer your question more succinctly, yes, it is perfectly acceptable and done all the time. Not only did my ex and I use the same attorney to handle our divorce, it was my brother. And guess who got the short end of the stick???(just kidding).

I have also used my brother for litigation concerning the sale of my business, a case involving unauthorized use of a patent when I lived in Europe and another company used my patent here in the U.S. without a release, and for the sale of a company I am just now initiating.

Figgered as much, but just wanted to be sure.
Thanks for the reply.

[racer72]

I will guarantee the if the railroad company is sued the plaintiffs will lose. The laws and statutes that allow railroads to operate also have provisions concerning the types of warning devices required at each railroad crossing. Because there were no warning devices at the crossing the plaintiffs cannot use defective warning devices as a cause. In this case there are only 2 witnesses and the train engineer has a perfect aliby because the other witness is dead.

There was at least one other witness, but from what my wife has heard(and granted, it's 3rd-4th hand), the deceased was partially, if not wholly, at fault. A coroner's inquest is pending, and I'm sure one or more other investigations are being conducted, given that a train was involved.
Bottom line, if there is no case, then there is no case, and it all gets filed away in the "Sometimes Sh*t Happens" folder.

Been lurking on these boards for quite some time now, and we just got to wondering if, in accidents of this nature, degrees of fault are assigned, as in auto accidents, and to what extent that affects possible litigation.