McCoy & Sparks, PLLC

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Family files wrongful death suit in train collision

Months after a Grayson County teacher's death in a fatal train accident, the husband has filed a wrongful death lawsuit against the company and the staff seeking monetary damages. In the lawsuit, the victim's husband alleges that the company, Paducah & Louisville Railway Inc., had information that the crossing was unsafe and failed to install safety arms or flashing lights. The suit also declares trees alongside the crossing obstructed the victim's sight of the looming train. The suit named the train's conductor and engineer in addition to the company as all guilty for the mishap.

Reportedly, the 63-year-old Grayson County High School teacher's car was hit on the driver's side by a train last September on the railroad crossing of Blackrock Drive in Grayson County. Her car was hurled 30 feet from the tracks, hitting a guide wire from a utility shaft before whirling a further 30 feet where it rested parallel to the tracks. The railway crossing involved with the accident didn't have any caution lights and arms.

When a person dies after an accident or injury owing to the negligence or wrongful action of another individual or of a company, the family members of the deceased may file a lawsuit for wrongful death against those responsible. The law allows the family members of the deceased to claim a range of different damages. They may claim for the victim's lost wages, hospital bills and pain and suffering. They may also claim for the family's loss of financial support from the victim and the loss of the victim's companionship.

However, considering the duration a lawsuit fought and the complexities it involves, it's always wise to discuss with a qualified wrongful death attorney about the case before bringing a claim. An attorney may be helpful in understanding one's legal rights and filing a wrongful death lawsuit. The professional may help in deciding the damages to which the aggrieved parties are entitled and guide on procedures one should take to recover from their loss.

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