The Philadelphia Personal Injury Law Blog

Fatal Train Accident: Personal Injury Scenarios

CBS 3 reports that a man was struck and killed by an Amtrak train in Chester County. As of yet, there does not seem to be any specifics on how the accident occurred or if it was in fact an accident.

There are many different scenarios that could have triggered a tragic incident just like this.   

If a man was pushed onto the tracks, the person who nudged him would be seen in criminal and civil court. The person who caused the accident to occur, could be found at fault for the man's death. Even if the push was an accident or the victim tripped over a man's bag, that man could be found at fault for the incident.

In another example, if a man was walking along the tracks and his foot got stuck, there could be two people at fault: himself and possibly the company that built the tracks. 

If the tracks were found to be hazardous and easy to get caught in, then there could be some fault on the company for negligence in a slip and fall case, which contributed to the wrongful death. Also, if there were not a lot of signs that warned people from walking near the tracks let alone on them, this would fall on the side of the company.

Have many people accidentally fallen and been hurt because of the dangerous conditions near the tracks? Was there a fence? All of these questions could place blame on the company that designed and built the station.

However, if there were a number of warnings and a man put himself in danger, he could be all, if not partially, at fault. Depending on the legibility and clarity of the signs as well as the construction, a man may be found at fault by a certain percentage. If the company were found at fault for the remaining percentage, that is what they would have to pay the victim's family in restitution. In comparative negligence, even though there is more than one party at fault, they would share the blame based on their percentage.