On June 3, 2012, as an 18-year-old driver of a Chevrolet Cavalier crossed railroad tracks, the vehicle went airborne and struck a ditch and a tree before flipping over. The driver and three passengers died. Investigators believe speed played a role in the accident; police estimated the driver was travelling at 69 mph. Police said drivers were known to use the crossing’s steep grade as a ramp to “jump” their vehicles. Since this fatal accident, the grade of the railroad crossing has been raised to prevent vehicles from going airborne, a flashing traffic light has been installed near the crash sit, and the speed limit has been reduced from 55 mph to 25 mph. The state spent approximately $450,000.
Families members of three of the deceased teens have filed a lawsuit against CSX Transportation, Medina and Lorain County Commissioners, Medina and Lorain County engineers, and Columbia Township and Liverpool Township trustees. The lawsuit states that the railroad, counties, and townships knew, or should have known, about the dangers of this crossing and fixed it before the accident. It alleges that CSX Railroad was negligent in failing to fulfill its “duty to maintain, repair, inspect and upgrade” the crossing and the counties and townships failed to maintain the roadway, berm, culvert and right of way at the crossing. The suit names both Medina and Lorain counties because the accident happened on the border. No suit has been filed against the driver’s estate.
Although the driver was speeding, the local governments can be held liable for failing to build maintain, repair, inspect, and upgrade the crossing, as well as making sure adequate signage was posted. Holding a government entity accountable for a road defect, not only compensates victims for damages, but allows the problem to become publicly known so that hopefully changes will be made and lives are saved.
Our hearts go out to all the families. Financial compensation cannot return their children; that kind of pain will never go away. Many of the comments regarding the lawsuit are heartless. Pursuing wrongful death litigation does not make the pursuer ‘money hungry’. One cannot put a price tag on a child.
It is sometimes difficult to make ends meet when situations like this occur. All too often, plaintiffs will look to settle their case too soon and for too little because they are financially strapped. Lawsuit Financial understands that auto accident lawsuits can be hard fought and take months, even years to settle. We are a strategic lawsuit funding company that provides financial support to plaintiffs in need of immediate cash while awaiting a settlement or other case resolution. Legal finance services can be a life preserver in desperate financial times. The application process is easy; it’s also free. If the families qualify, cash can often be available in as little as 24 hours.
Call Lawsuit Financial at 1-877-377-SUIT (7848) or visit our website to learn more. The call is free; the advice is priceless.