Six Victims Die After Being Hit by 80mph Train

The families of six victims who were killed after an SUV was crushed in a train accident are seeking compensation, on the terms that the accident could have been prevented.

The Amtrak train smashed into an SUV at a crossing in 2007 near Riverbank, which is in Northern California, in the United States According to the family's lawyers, the accident was due to the negligence of the cities, county and railroads for failing to maintain the crossing appropriately.

Compensation claim filed

The families of the driver and the five passengers who lost their lives as a result of the fatal accident have filed an accident claim to receive compensation on their losses on the terms that the crossing was poorly marked.

However, Amtrak and the county denied liability stating that the driver was at fault.

According to a witness, the 23-year-old driver of the SUV, which was loaded with five passengers including a teenager and three children, had stopped at a stop sign in front of the tracks as a result of eastbound traffic coming to a sudden halt.

When the traffic cleared the vehicle continued across the track. However, whilst on the tracks, the warning gates began to drop as an Amtrak train was approaching the crossing.

The driver attempted reversing back after noticing that the front end of the vehicle had been sticking out over the first rail of the track. Yet she failed to reverse as there were a number of vehicles behind her.

As a result, the driver panicked and accidently rolled forward onto the tracks unable to avoid the oncoming train.

The vehicle came to a halt in the path of the Amtrak which was travelling at 79 mph, killing all the driver and five passengers including the driver's five year old and three year old sons as it rolled on in front on the train for another 1,900 feet before coming to a stop.

The driver had been ejected from the vehicle while the five passengers died on impact.

Stop signs removed to prevent accidents

The accident was later investigated by the state's Public Utilities Commission, (PUC) which advised the county to remove the stop sign at the tracks to prevent accidents.

However, according to the husband of the driver of the SUV, the authorities had failed to take on the recommendations of the PUC.

The husband of the driver, also the father of their two sons, along with the family of a 36-year-old woman, her five year old son and her 19-year-old niece filed a claim last year seeking compensation from the state claiming that the accident occurred as a result of the dangerous conditions of the road.

According to the lawyers acting on behalf of the families, the busy intersection was hazardous as the road markings were unsatisfactory.

However, Amtrak filed a lawsuit against the husband of the driver stating that his wife was liable for the accident as she had driven onto the tracks despite a number of warning signs telling drivers not to stop on the tracks.

If you are seeking a compensation claim speak to one of our injury lawyers and see how they could help.