A pickup driver died at the scene of a train accident in rural Ventura County yesterday morning.
According to Amtrak, a Toyota Tundra collided with a northbound Pacific Surfliner in a private crossing in Moorpark.
The pickup driver was still breathing and was even coherent when he was pulled by the CHP from the wreckage.
Sadly, he died even before he was brought to a hospital.
Nobody else was hurt in the crash.
Does the family of the driver have any legal recourse against the railroad company?
Not much.
Trains always have the right of way in railroad crossings just because of the simple fact that they cannot stop right away.
Other vehicles are supposed to give way and not the other way around.
The possible angle where the family can file a wrongful death case is by looking for negligence on the part of the rail company.
Did the company provide enough safety measures and warnings to prevent this type of accident? If they have been negligent then the family may be able to win the case.
According to Amtrak, a Toyota Tundra collided with a northbound Pacific Surfliner in a private crossing in Moorpark.
The pickup driver was still breathing and was even coherent when he was pulled by the CHP from the wreckage.
Sadly, he died even before he was brought to a hospital.
Nobody else was hurt in the crash.
Does the family of the driver have any legal recourse against the railroad company?
Not much.
Trains always have the right of way in railroad crossings just because of the simple fact that they cannot stop right away.
Other vehicles are supposed to give way and not the other way around.
The possible angle where the family can file a wrongful death case is by looking for negligence on the part of the rail company.
Did the company provide enough safety measures and warnings to prevent this type of accident? If they have been negligent then the family may be able to win the case.
