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Train Accident Victim Files Negligence Lawsuit

| Sep 28, 2011 | Railroad Accidents

Three years after losing his leg in a horrific accident involving a train, a 22-year-old man has filed a lawsuit against Burlington Northern, the railroad company, for negligence.

St. Louis Today reports that on February 28, 2008, the man set out by skateboard to visit his girlfriend, only to have his journey interrupted by a train. While it is not particularly clear how the accident occurred, what did happen was the man somehow became caught up in the train. Tragically, the train’s conductor failed to realize that someone was entangled with the train and never slowed down or stopped. The man was drug several hundred feet before being freed.

The result of the railroad accident was a severed leg four inches above the knee and multiple surgeries, including skin grafts.

Now, over three years since the injury, the victim of that horrific accident has filed a negligence lawsuit against the railroad company. The lawsuit claims that Burlington Northern negligently handled the intersection where the injury occurred. It is alleged that Burlington Northern’s negligence allowed the victim to be injured through one of the following scenarios: the victim was struck by the train, struck by an object protruding from the train or struck by falling cargo from the train – which caused the loss of the victim’s leg.

Burlington Northern claims the victim was trespassing at the time the accident occurred.

Negligence lawsuits allow injured victims, like the victim of the train accident, to hold those that fail to act in a manner (standard of care) that a prudent person would under the circumstances, according to Black’s Law Dictionary. Meaning in the train accident case, the victim is alleging that Burlington Northern failed to keep the intersection where the injury occurred as safe as a prudent railroad company would.

A negligence lawsuit allows injured victims to seek compensation for medical bills, long-term care, lost wages and pain and suffering.

If you or a loved one has been injured due to the negligent actions of another, speak to an experienced personal injury attorney.

Source: Man hit by train in Webster Groves sues

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