Railroad Accident Results in Film Crew Fatalities and Injuries
Increasingly associated with a bygone era, railroads are still very much a part of American life. Part of that reality, unfortunately, is accidents resulting in injuries and/or death. It is precisely this tragic inevitability that resulted in a lawsuit against Florida-based railroad operator CSX. While filming a movie based on the life of Allman Brothers Band singer Gregg Allman, a film crew was hit by a CSX freight train. The train, traveling at a speed of 55 mph, drove straight through the crew. One crew member – a camera assistant – was killed, and another six injured. The family of the camera assistant has filed suit against CSX, alleging the railroad operator to be negligent or otherwise responsible for the crash that killed her. It is the position of the family that CSX should have taken precautions because it was aware that the film crew intended on filming in the area and two train operators saw the crew prior to the crash.
Damages for Railroad Accidents
If the railroad company is found to have been negligent, the family will be able to recover damages for the wrongful death of the camera assistant. This possibility represents a legal evolution from olden days in which the law interpreted death as an event extinguishing all legal claims available to the deceased, regardless of whether the death was natural or wrongful. Under Florida’s wrongful death law – the Florida Wrongful Death Act – certain survivors of the deceased may seek compensation for lost support or services after the passing of a loved one. These legally eligible survivors include a spouse, children, parents, and any relatives or adoptive siblings that were financially or emotionally dependent upon the deceased. With regard to the case of the film crew member, in a wrongful death action, her parents may recover for mental pain and suffering, as well as the value of lost support and services, if any, from the date of her death, plus interest, future loss of support and services, and medical or funeral costs arising from the event that resulted in death.
What To Do If You Have Been the Victim Of A Railroad Accident
In 2013 alone, there were more than 2,000 train-vehicle collisions. These incidents resulted in over 250 deaths, and nearly 1,000 injured persons. Many railroad crossings are left unprotected, leaving both pedestrians and vehicles at risk. This vulnerability, in conjunction with instances in which railway operators fail to take adequate public safety precautionary measures, can result in injuries or fatalities. In the eyes of the law, such failures can constitute negligence, carelessness, or recklessness – all grounds upon which accident victims can recover compensation from railroad companies. If you or a loved one has been injured in a train accident, an experienced Florida train accident attorney can assess your claim and explain the legal options available to you. Time is of the essence in filing a personal injury suit, so please contact the experienced attorneys at Pike & Lustig, LLP immediately.
