On Friday, December 23rd, a woman was injured in a collision involving the woman’s sedan and a train. The accident occurred near 107th Ave and Del Webb Boulevard in Sun City.
Fortunately, the driver sustained only minor injuries.
The Maricopa County Sheriff’s Office is investigating this accident. It is currently unclear whether the driver or the train operator is responsible for causing the accident.
Drivers have obligations to be aware of hazards, big and small, on the road. This includes slowing at railroad crossings. Sometimes drivers see that a train is coming and try to cross the railroad tracks before their path is blocked by a passing train, especially when the train is long and waiting for it to pass will delay them significantly. It is unknown if there was a guard rail at this intersection that was lowered when the train approached to keep cars off of the track. If the driver is responsible for the collision, she will be required to pay for her medical bills as well as the damage to her car and any damage that was done to the train.
Train operators also have obligations, which include ensuring that guard rails are maintained and activated properly when trains are present. The train’s engineer may be required to sound their horn when approaching intersections where vehicles may be present to warn drivers of the danger. If the engineer is responsible for the accident, then the railroad that employed the engineer will likely be required to cover the costs of the woman’s injuries and the damage to her car.
The investigation may show that both the driver and the engineer were both somewhat responsible for causing the accident. In that case, the concept of pure comparative negligence applies. In this system, a judge or jury decides how much each party is at fault for the injured person’s damages and apportions the damage award according.
If you are injured in a car accident, please contact the Phoenix personal injury lawyers at the personal injury law firm Oracle Law Group today.
Photo credit: doug_wertman from Flickr