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#1
10-06-2009, 05:48 PM
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Train AccidentWhat is the name of your state (only U.S. law)? NH My sister was struck and killed by a train in Enfield, NC. I know that it was an accident or may be a criminal case against her partner. I want to know if there is anything we should do against Amtrak at this time? |
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#2
10-06-2009, 06:05 PM
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| Not even remotely enough information to say. In what respect was the accident Amtrak's fault? You have not explained what happened. Edited to add: I"m sorry for your loss. |
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#3
10-06-2009, 09:21 PM
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| 99.9% of the cases involving someone struck by a train also involve the victims being 100% guilty of trespassing. Federal law protects the train companies from liability involving people trespassing on railroad property. This was an issue that made the news in my area a few months ago after a couple of unfortunate accidents involving pedestrians on railroad tracks. The mother of one of the victims screamed lawsuit, an attorney for the railroad said they can't be sued and the reporter backed up the attorney's claim.
__________________ If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me. No private messages, I do not reply to them. |
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#4
10-06-2009, 09:27 PM
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| I am sorry for your loss. If this is the recent case from mid-august this year, then the reporting has been that she was indeed sitting on the tracks a good distance away from a legal railroad crossing. As such, she would have been trespassing and the railroad would not be liable. Nothing in the reporting I have seen would suggest that the railroad did anything wrong in this case. |
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