The grandchildren of an 82-year-old woman who was killed in a railroad crossing accident is now suing the South Carolina Department of Transportation and Norfolk Southern Railroad. Her grandson was driving her around town when, blocks away from his house, he was forced to serve to avoid a stopped car at a railroad crossing. The near-miss sent his own car onto the train tracks. When the approaching train struck the driver’s side of the vehicle, it pushed it 80 yards before it came to a complete stop.
The grandson survived the train accident, but the grandmother did not. Police originally believed that driver error was the main cause of the accident, but months later, they decided not to file charges against the grandson. Now, the family’s estate is filing a case against Nortfolk Southern and the SCDOT, asserting that they have been negligent in maintaining a dangerous railroad crossing.
According to the lawsuit, both the SCDOT and the railroad company failed to warn motorists of hazards at the crossing, and that key state laws were violated with regard to railroad maintenance, safety measures, and/or construction.
If you have been injured, or if your loved one has been killed in a train accident because of another party’s negligence, please contact Cooper Hurley, PLLC today to schedule a free case evaluation with an experienced South Carolina train accident lawyer.
