Legal Question in Personal Injury in Indiana

Train accident kills 16 year old daughter

My daughter was killed in a train accident on jan 12 2006.The railroad says she was trespassing but their or no signs all threw are city of kendallville indiana.She was found to have alcohol in her system as was the 2 boys that was with her when itt happened.She also had a visual impairment.Is Norfolk Southern reliable in any way for this.When newspaper asked engineer if he blew the horn when he seen tricia ,He said no comment.Also is the newspaper allowed to print she has alcohol in her system when she is a juvinile.

Asked on 2/09/06, 8:28 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Train accident kills 16 year old daughter

I am very sorry for the loss of your daughter. Based on the information provided in your question, I think the chance of holding the railroad company responsible for her death is very poor. In Indiana, if a person is fifty percent or more at fault for causing the accident, then there is no recovery. But don't give up hope for a recovery until you have discussed the case with a few attorneys. I have turned down cases that other attorneys worked to a fine result; and I have succeeded at cases other attorneys would not touch. Children are not held to the same degree of responsibility, so you might have a chance. The train's speed, whether the horn blew, weather conditions, etc., could all be factors in support of a claim. You need to confer, in person, with an attorney with experience in personal injury law, preferablhy someone who has been a few rounds with the railroads. Don't sign any attorney agreements until you have reasonable confidence in the person's ability. As to the newspaper reporting that your daughter had alcohol in her system: if true, then no recovery, unless it is true but misleading, like she had alcohol in her blood but it was not from drinking. It's just a nasty little tidbit newspapers like to do in support of railroads. Newspapers are not prohibited from publishing information about juveniles except in specific circumstances, like reports from juvenile court hearings, welfare, etc. Good luck.

Read more
Answered on 2/09/06, 10:15 am

Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Indiana