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Parents sue railway over fatal train accident that killed student

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Yellow and Black Train in a Train Station

On behalf of Strom & Associates, Ltd. posted in Mass Transit Accidents on Wednesday, April 16, 2014.

It could have been an accident involving a college student anywhere -- perhaps even in Illinois. The 20-year-old man died when he was struck by a train while cutting through a rail yard on the school's campus. Now, the victim's parents are suing a railroad in connection with the fatal accident, alleging that the company did not do enough to protect students from harm at that rail yard.

Reports show that the victim, a student at the University of North Dakota, died in 2012 as he was cutting through the rail yard after attending a fraternity party. The victim suffered a severed arm, which caused him to bleed to death at the scene. The student's parents say that the owner of the rail yard, BNSF Railway, knew that students were known to walk through that dangerous area, but pedestrians were not adequately warned about the yard's hazards.

Further, it appears that the student killed in the train accident never saw a gate or warning sign as he passed through the rail yard. Further, BNSF is accused of failing to install a fence, ditch or other deterrent to prevent such pedestrians from entering the yard. Police officers say that the rail yard is, in fact, quite dangerous -- train cars move unexpectedly, which can pose serious hazards for the everyday pedestrian.

In addition to suing the railroad in connection with the train accident, the student's parents are also pursuing civil action against the Pi Kappa Alpha chapter at the University of North Dakota. That fraternity is accused of allowing the underage man to consume alcohol. His blood alcohol content was determined to be 0.287 percent, which is more than three times the legal limit for driving in the state

Victims who have lost a loved one in a train accident or because of a mass transit company's negligence may be entitled to financial compensation from a variety of responsible parties. These relatives may benefit from consulting an Illinois personal injury attorney. The changes that result from such a civil suit could save lives in the future.

Source: WDAY 6, "Parents of UND student killed in train accident are now suing BNSF and fraternity" Print by: Associated Press - Sunday, April 13, 2014

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About the Author
about-kevin-t-yen

As a partner with the firm since 2002, Kevin Yen manages the personal injury department and leads all investigations into nursing home neglect and abuse cases. Kevin has dedicated his life to personal injury matters and has represented thousands of clients and their families to recover damages for their losses. His clients have included family members who lost a loved one due to a tragic accident, injured children, construction workers injured while on the job site and a host of others.