Personal Injury Law

Widow Settles Illinois Wrongful Death Lawsuit Over Husband?s Fatal Railroad Crossing Accident

In a confidential agreement, the estate of Phil Kuntz and his widow have settled a wrongful death lawsuit over Kuntz?s tragic railroad accident in Du Quoin with Canadian National/Illinois Central.

Kuntz was in his pickup truck when he was struck by a freight train on April 3, 2006 at the Lazy W. Crossing. The train pushed his vehicle some 60 feet before the truck fell into a shallow hollow next to the tracks. Following the Illinois train crash, Kuntz was flown to a hospital where he was later pronounced dead.

According to the Illinois wrongful death complaint, the railroad crossing was poorly designed and had serious sight limits (There are no crossing gates or flashing lights). The railroad also failed to provide adequate warning that a train was approaching.

Mike Plumlee, an investigator for the Perry County Sheriff?s Department, says that Kuntz only saw the train at the final second before the crash. Plumlee says there were skid marks on the pavement showing that the driver attempted to stop.

According to VisualExpert.com, some 2,400 train accidents occur at railroad crossings each year. While some of these railroad crossing crashes happen because the driver tried to beat the train by speeding across the crossing, other accidents take place because the driver did not know that a train was approaching.

Railroad crossings must be designed in a manner that decreases the chance that a motor vehicle or a pedestrian will be struck by a train. Railroad companies must also make sure that drivers and pedestrians in the area are aware of when a train is approaching, the train operator is not speeding, and there are no hazards or obstructions at the crossing that could either block the motorist?s view or cause a railroad accident to happen. Crossing gates, lights, or bells must also be properly installed and/or maintained.

Railroad crossing injuries are often catastrophic if not fatal.

Substantial Settlement in Du Quoin Wrongful Death Case, Du Quoin Evening Call, October 26, 2009

Accidents At Rail-Highway Crossings, Visual Expert.com

Related Web Resources:
Train Accidents, Justia

Canadian National

Full post as published by Chicago Injury Attorney Blog on November 17, 2009 (boomark / email).