Personal Injury Law

Opening statements are heard in Missouri railroad crossing accident case

By Ryan Bradley, Esq.

The trial of a fatal Missouri truck-train accident got underway on Tuesday as opening statements were presented to the jury. The incident in question, which killed James Webb Jr. and seriously injured his brother, Guy Webb, is being tried as a combined wrongful death suit and personal injury suit.

Misty Webb, the daughter of James Webb Jr., is the administrator of her father's estate and is bringing her claims under the Missouri Wrongful Death statute.

The accident occurred in August 2007 as the brothers attempted to cross railroad tracks owned by Union Pacific in Iron County, Mo. As they tried to cross, a train hit the truck causing massive damage.

Guy Webb suffered brain injuries and a collapsed lung and his medical bills exceeded $500,000.

Attorneys for the plaintiffs are arguing that the responsibility for the accident should fall on the railroad company and not the injured party for a couple of reasons. First, the train did not sound any warning whistles or horns as it approached the crossing. Second, the plaintiffs claim that the railroad company had allowed plant life to grow out of control around the crossing which obscured sight lines and made it harder to see oncoming trains.

In a personal injury case such as this one, there are a number of things that a plaintiff has to prove to be successful. It must be shown that the defendant had a duty or responsibility to the injured party. Then it must be proven that, through some type of negligence, this duty was not fulfilled and, as a direct result of this negligence, the injury occurred.

There are many complicated nuances to injury and wrongful death cases, which is why it is important to seek a consultation from an experienced personal injury attorney if you have been injured by someone else's negligence. If you have any questions about the law as it relates to a recent accident that you or a family member have suffered through, contact our St. Louis personal injury law firm and set up free consultation.

Full post as published by Missouri Accident Lawyer Blog on September 15, 2010 (boomark / email).