Flowood, MS (May 21, 2022) - A Canadian National train collided with a tractor-trailer on Friday, May 20th in Flowood.
The crash took place at about 11:00 a.m. at the railroad tracks on Old Flowood Drive.
Residents from the immediate area said that the crossing is extremely hazardous, including obscured safety signage and no arm or gate to stop vehicles from crossing when a train is near.
Witnesses reported seeing one person being loaded into an ambulance and taken to a local hospital but were unsure if the victim was from the truck or the train.
Old Flowood Drive was shut down between Highway 468 and Highway 80 until about 2:00 p.m. when officials had finished clearing the scene.
Our thoughts are with the injured victim and their family at this time. We hope for their full recovery.
Liability for Passive Train Crossing Accidents in Mississippi
An estimated 62,500 railway crossings in the United States do not have any lights or gates to protect drivers. According to data published by the National Transportation Safety Board, roughly 60% of all railroad crossing deaths occur at unprotected or passive crossings.
A crossing that only has railway crossing signs is referred to as a passive crossing. In contrast, a protected crossing is one equipped with warning devices, like lights and gates. Obviously, the odds of serious accidents and injuries occurring are much greater at a passive railway crossing.
When the driver of an automobile is injured in a crash at a railroad crossing, regardless of it being protected or passive, they might be able to hold numerous parties accountable, including:
- The Train Company: The engineer has a duty to operate the train in a safe manner. The train company could be held accountable for the engineer’s actions if he or she was negligent. In some situations, the railroad company might have been directly negligent if it hired an engineer with a poor performance record, or failed to adequately train training the engineer or other crew members.
- The Manufacturing Company: If the design of the tracks or train is defective, or a manufacturing defect existed in the train’s electrical or mechanical systems, the manufacturer could potentially be responsible for your injuries. Train components that are prone to faulty or defective manufacturing include warning lights, brake systems, coupling mechanisms, and warning whistles.
- The Owner of the Tracks: The company that owns the tracks might be liable for your injuries. Track maintenance is not the train company’s responsibility. Rather, the owner of the train tracks is in charge of its maintenance and safety. It is their job to perform inspections and repairs, clear any obstructions, and install and maintaining working lights and gates.
- The County or City: If your railroad crossing injuries were the result of an improperly maintained or faulty roadway, the county or city responsible for the upkeep of that roadway could be accountable.
It is not uncommon for more than one party to be responsible for a train crossing accident, and victims are entitled to compensation for their damages after the liability of any responsible parties has been established.
If you sustained significant injuries due to the malice, dereliction, or negligence of a second party, we are prepared to review your potential personal injury claim. Contact our personal injury attorneys in Mississippi by calling our law firm at (601) 487-0555 to schedule a case evaluation.
Note: The information provided within these posts has been gathered from outside sources, for Germany Law Firm, PLLC, and, as such, has not been independently verified. All provided information has been gathered from secondary sources including news bulletins and other first-hand accounts. If you find any information that is incorrect or you would like this post to be removed, please contact our law firm immediately so that we can correct the story or remove it entirely from the website.
Disclaimer: At Germany Law Firm, PLLC, we provide the information found in these accident reports as a resource for families who have been in similar situations and to raise awareness about the dangers of driving. We would also like to honor the victims who have been injured or lost their life as a result of a Mississippi accident and hope that the information reported will help prevent future accidents. The photographs depicted in these posts are not representative of the actual accident scene.