Recently, a state appellate court issued a written opinion in a wrongful death case upholding a jury verdict in excess of $10 million. The case illustrates one of the many situations in which the victims of a Maryland train accident may be able to obtain compensation for the injuries or losses they sustained in the accident.
The Facts of the Case
The plaintiff was the surviving spouse of a man who was killed in a railroad-crossing accident. Evidently, the plaintiff’s husband was driving with a friend on a country road as they approached a set of railroad tracks. The evidence presented at trial showed that there was one black-and-white “RAILROAD CROSSING” sign. However, the plaintiff’s evidence also suggested that the intersection had become overgrown with vegetation, such that it was difficult to see the sign.
As the plaintiff’s husband approached the intersection, a train approached as well. It was disputed whether the train’s horn was sounded, but the train ultimately collided with the plaintiff’s husband’s vehicle. The plaintiff’s husband was killed in the accident, and the passenger was seriously injured. The plaintiff’s husband filed this case against the railroad company. The passenger filed a personal injury lawsuit against the train’s operator as well as the plaintiff’s husband, and they settled with both parties prior to trial. Thus, the plaintiff’s case proceeded without the passenger’s case.