Son's Death question

[mdbamci]

What is the name of your state? Missouri

In October of 2006, my 15 year old son was killed in an auto accident. There was alcohol/drugs involved, not my son but the driver. I don't know what kind of drugs he was on, I haven't received the records yet. I have sued the insurance company and won.

Anyway, the accident happened because they had to go around on a gravel road that the driver didn't know, to get where they were going, he lost control and wrecked. The reason they had to go on that road is because there was a train blocking the main highway where they needed to be on. The train blocked that main road for45+ minutes.

My question is, would the railroad be liable in any way for the accident, because of the blocking of the main road for so long?

Thanks for any help.

[seniorjudge]

Everybody who you thought was liable should've been included in the first lawsuit.

But the railroad did nothing wrong.

[Betty]

I'm very sorry your son was killed but the train/railroad did not cause the accident. You even indicate the driver was on drugs/alcohol.

[nextwife]

Originally Posted by mdbamci

Anyway, the accident happened because they had to go around on a gravel road that the driver didn't know, to get where they were going, he lost control and wrecked. The reason they had to go on that road is because there was a train blocking the main highway where they needed to be on. The train blocked that main road for45+ minutes.

My question is, would the railroad be liable in any way for the accident, because of the blocking of the main road for so long?

I am sorry for your loss.

There WAS an alternate route. If the driver had negotiated the unfamiliar route at a safe and prudent speed, and not been under the influence, then the accident would likely not have occurred. No doubt many others have taken this alternate route without mishap, especially if the train has a history of sitting on these tracks.

Thus the fault was NOT the train, but the driver.