Unsafe highway and road accidents can involve multiple factors. For example, about 4:31 a.m. central daylight time on June 18, 1998, a westbound Northern Indiana Commuter Transportation District two-car passenger train struck the second semitrailer of a long combination vehicle that consisted of a tractor pulling two flatbed semitrailers loaded with steel coils at a highway-rail grade crossing near Portage, Indiana. When the vehicles collided, the second semitrailer broke away from the first semitrailer and was dragged by the front of the train, while the single chain, securing a steel coil to the second semitrailer broke. The released steel coil, weighing about 19 tons, entered the train through the front bulkhead of the lead car and moved into the passenger compartment. Three fatalities and five minor injuries resulted from the accident. Damages were estimated to total $886,000.

The National Transportation Safety Board determined that the probable cause of the collision between Northern Indiana Commuter Transportation District train 102 and a long combination vehicle (truck) at the National Steel Corporation’s Midwest Steel grade crossing was ineffective action by Federal, State, and private agencies to permanently resolve safety problems at the Midwest Steel grade crossing, which they knew to be a hazardous crossing.

The major safety issues addressed were the safety at private grade crossings, the design of the Midwest Steel grade crossing, the conspicuity of the long combination vehicle semitrailer, the crashworthiness of the Northern Indiana Commuter Transportation, and the District railcars.

From investigations of accidents such as this, the Safety Board can make recommendations to the National Highway Traffic Safety Administration and others. Those injured may also pursue civil claims against the driver, their company, and others. Civil claims can afford injured persons and their families’ compensation for their injuries, pain and suffering, and other loses.

Legal claims involving highways can involve complex legal, technical, and safety issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• Were all factors involving a road or highway taken into account when evaluating an accident?

• Is there evidence of other similar accidents occurring at the location?

• Was the accident properly investigated by an impartial agency?

• Was anyone charged with the accident?

• Was the road properly marked?

• Was the road properly engineered?

• Was the road properly constructed?

• Was the road properly maintained?

• Did officials know of a problem with the road, but failed to take any corrective action?

It is important that an experienced legal team evaluate all highway accident claims. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved one are hurt in an accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.