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Recently I wrote about the dangers of railroad crossings and the potential liability of railroad operators when a truck driver lost his life in an accident with a train in Suffolk, VA.
This tragic accident claimed the life of Drake Goodrich, 37, reports WAVY.com. Now his family is calling for safety changes at the railroad crossing where he lost his life.
Goodrich, was hit by a CSX train as he crossed the railroad tracks at 1325 Portsmouth Blvd. in Suffolk, our Suffolk railroad accident lawyers reported. Our thoughts are with his family at this difficult time.
RR crossing concern after driver killed
His father from Chesapeake, VA, says there are not enough warnings at the crossing, according to WAVY.
“Right now, there’s only a stop sign and crossbucks in each direction. Crossing is left to the driver’s discretion. But there is another problem that makes the decision to cross more difficult,” his father Leon told WAVY.
The dead driver’s father was reported as saying there’s another problem in that trees are blocking visibility.
“The trees are blocking everything,” Mr. Goodrich, says in the WAVY report. “It is basically impossible to get the vehicle across that track until you pull completely up on it.”
The TV channel also noted the poor visibility and spoke to other drivers who attested to the dangers at the crossing.
When vegetation or trees are allowed to grow high, resulting in the loss of a life, the family of the victim may have clear grounds to bring a wrongful death lawsuit against the operator.
However, in this case CSX maintains the crossing is private and it’s not responsible for it. The City of Suffolk also says it’s not responsible.
While various entities may want to distance themselves for responsibility for a crossing that may wind up leaving them facing a costly lawsuit, somebody obviously owns the crossing and should have addressed the visibility issue.
The Federal Railroad Administration’s guidelines for improvements to grades state: “If the highway is a private roadway intended for non-public access to private property ( ie: farmland, industrial or residential) then responsibility for grade crossing safety improvements is determined by the contractual arrangement between the railroad and the private property owner.”
Accidents were reported at this crossing in 1994 and 2001, according to WAVY.
For more details see our Virginia railroad crossing accident injury lawyers’ article on a lawsuits over railroad crossings.
The Norfolk, Virginia Beach and Hampton, VA personal injury law firm, Cooper Hurley, handles automobile, truck, and motorcycle injuries as well as wrongful death, railroad injury cases and medical malpractice. John Cooper and Jim Hurley have over 40 years of combined experience in handling auto injury accident claims. Attorney John Cooper has been named to Virginia “Super Lawyers” since 2010. Cooper Hurley represents people hurt in accidents in Norfolk, Virginia Beach, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News and throughout VA, and always put the best interests of our clients first. The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. Our motto is: “Your Injury. Our fight.” If you need help or advice about a serious injury, please call us at (757) 455 -0077 or contact us through this website.