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New York Family Files a Notice of Claim against Railroad for the Death of Motorist

by | May 13, 2015 | Car & Truck Accidents

The family of Ellen Brody has filed a notice of claim against the Metro-North Railroad, the Metropolitan Transportation Authority, Westchester County, and the Town of Mount Pleasant, NY for failing to install safety precautions at a dangerous railroad crossing. The attorney representing the family has stated that he expects to file a lawsuit in the coming months. The Brody family claims that the drive up to the intersection did not have proper lights and signs to give drivers any warning of the rail tracks. The notice states that the lack of warning at the rail crossing where the collision occurred is in violation of federal standards. Additionally, the state Department of Transportation had set aside $130,000 for added safety lights and signs. Yet no precautionary upgrades occurred at the Commerce St. Intersection, where Ellen Brody lost her life.

Over the past fifteen years, over 2,100 accidents have occurred at rail crossings, according to the United States Bureau of Transportation Statistics. Over 1,300 of these accidents have resulted in fatalities. Due to the substantial size of trains and the speed at which they travel, a collision with a vehicle can cause a multitude of damages to both property and individuals. In the collision involving Ellen Brody, five other people lost their lives. Due to the severity of train collisions involving vehicles, rail crossings need to have the proper precautionary warnings for drivers.

If you or someone you know was injured or killed in an accident involving a train, it is important to understand your right to recover. Contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 800-594-4884 for a confidential consultation.


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