This afternoon a train collided with a tractor trailer in Kernersville, just east of Winston-Salem, North Carolina.  The collision occurred near the intersection of West Market Street and Cross Creek Road.  The driver of the tractor trailer was injured, but the injuries do not appear to be life threatening.  The story was reported here:  http://www.journalnow.com/news/local/train-truck-collide-near-kernersville/article_2f4fa33e-b384-11e3-8548-0017a43b2370.html.

Serious injuries often result from such a collision due to the weight of the vehicles involved.  Hopefully, the driver in this collision fully recovers.  There can be many causes of such a collision.  Kevin J. Williams worked on a case several years ago where a passenger in a truck was killed when the truck collided with a train in North Carolina.  There were signs warning drivers of the impending railroad crossing.  The tracks were equipped with crossbucks, a passive signal.  Thus, there were no flashing lights or gates to provide active notice of an oncoming train.  Visibility of oncoming trains was compromised, however.  Trees lined both sides of the tracks up to the point of the intersection.  There was evidence that the conductor blew the horn prior to the collision.

Through the use of a railroad accident reconstructionist, the plaintiff was able to prove several critical facts.  First, the line of trees muted the sound of the train horn, making it much harder for oncoming motorists to hear the oncoming train. Second, there are specific rules and regulations which require that a conductor sound the horn a specific distance prior to reaching the intersection.  From the data collected from the train, the accident reconstructionist was able to establish that the conductor sounded the horn only just before reaching the intersection.  The conductor violated rules and regulations and did not provide adequate notice with the train horn.  Through the use of aggressive forensic accident reconstruction, the case was settled though the terms are confidential.

If you have been involved in a collision with a train or tractor trailer, please contact the Law Office of Kevin J. Williams, PLLC, in Winston-Salem, North Carolina at (336)793-8459 to schedule a free consultation to discuss your options.  You may also e-mail Kevin using the contact form.

 

 

 

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