I was called recently by a widow whose husband had been killed at a railroad train crossing. She asked me whether she had a case against the railroad for her husband’s death. If you’re reading this, you may have a similar question. I’ll share with you what I shared with this widow.
Georgia is a comparative negligence state. If the widow and her attorneys can prove that the railroad is 51% or more responsible for her husband’s death at that crossing, then the widow will be able to recover for the wrongful death of her husband. Such factors to consider would be the speed of the train, whether the train blew the whistle, whether there were appropriate crossing arms at the intersection, and whether there was vegetation growing up around the intersection.
In regard to Georgia being a comparative negligence state, if the widow was able to prove that a railroad was 80% responsible for her husband’s death and the jury awarded a million dollar recovery, the widow would be able to recover $800,000 for her husband’s death as a result of the railroad’s negligence.
If you have any questions about railroad crossings, automobile or pedestrian railroad accidents, give us a call. We’d be happy to talk with you. Thank you.