In October of 2020, four men were in a Jeep when they were struck by a train. Three of the men died. Their widows have filed suit and claimed the property owners of the crossiing where the crash occurred maintained “a dangerous condition” on the private land. The widows claim the property owners failed to lock their gate and clear vegetation around the crossing. According to the lawsuit, the landowners “had the duty to exercise ordinary care to avoid injury to the decedents during their use of the property and to use reasonable care under all circumstances as to the crossing.”
The property is owned by Bob and Barbara Kenney. According to the lawsuit, the railroad crossing intersects their land as part of an agreement with Union Pacific Railroad. The suit notes that the agreement requires that the landowners keep the gate locked on the private road that leads to the railroad crossing. Unfortunately, on the day of the crash, it has been alleged that it was unlocked and open. The agreement between the Kenneys and Union Pacific Railroad also stipulates that the property owners have to remove any vegetation within 500 feet of either side of the crossing so that views of oncoming trains are not obstructed by plants. The suit alleges that this had not been done on the day of the crash and that vegetation near the southwest corner of the crossing was overgrown.
When someone is injured or dies as a result of an accident, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the injured party’s right to recover.
If you or someone you know has been injured in an accident, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-396-3964 or toll free at 1-800-594-4884. Abraham Watkins offers a free consultation to anyone wishing to pursue a claim for such injuries or fatalities.