2 Men Struck And Killed by Train In Ohio
Two men were walking on the tracks of a railroad bridge at 3 a.m., when they were struck and killed by a train in Defiance, Ohio. The train accident occurred on a double-track bridge with a curve, which allegedly is what prevented the train's crew from seeing anyone on the tracks until it was too late. The role of alcohol was initially suspected, as the men were walking the tracks at 3 a.m., but the issue is still pending investigation.
Knowingly entering or remaining on railroad property without the railroad's permission violates trespass laws; trespass laws generally make it unlawful to enter on another's property without permission. According to trespass laws dealing with railroads, under Corpus Juris Secundum (CJS), not all courts view liability the same way. A railroad is sometimes held to the requirement of reasonable care toward trespassers, where other courts say a railroad owes no duty to a trespasser.
Some courts will further say a railroad has no duty to a trespasser except to refrain from wantonly, willfully, recklessly, or grossly negligently injuring him/her and that the railroad must use reasonable care once a trespasser is discovered; this basically means once a trespasser is discovered, or should have been discovered, a railroad has a duty to exercise reasonable care in ensuring the person is not further injured.
In Missouri train accident cases, no reported case has found a landowner liable to an injured adult trespasser. Missouri courts also limit liability in those cases involving trespassers under the influence of alcohol or other controlled substances, finding a landowner is not liable under such circumstances. Further, under Missouri law (V.A.M.S. ยง 537.349) in relation to trespassers who are under the influence of alcohol while trespassing on railroad property, the same was held as stated below:
"A railroad, as landowner, owes no duty to pedestrian who was injured while trespassing into the private land of the railyard, where by pedestrian's own admission, he drank a few beers before accident, and two separate tests for blood-alcohol level found him to be over the legal limit, and thus, trespasser was substantially impaired by alcohol."
As an experienced Missouri railroad accident firm, we are happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our railroad accident investigation team and begin taking the same action as the railroad's investigation team.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit my website, www.RailroadAccidentLawGroup.com for more information.
