A county Board of Education and the city have been faced with a lawsuit. The family of a West Virginia teenager filed a wrongful death claim after he was killed traveling home from school. He was reportedly struck by a train.
According to the lawsuit, the teen was in the midst of walking home when he was involved in a train accident. Due to the teen wearing headphones at the time, he did not hear the approaching train, and the vehicle struck him from behind. Since it was known that students used this shortcut to get home, the family argues that the school board, city and the train company failed to warn the public, particularly the students, of the dangers.
Furthermore, the current warning signals being utilized are not enough to keep the public safe from harm. In addition to the railroad company having a certain duty, the plaintiff states that the school and the education board had the same duty to facilitate a safe travel environment for students walking home. The family is requesting judgment for an unspecified amount in damages, including legal fees.
Train accidents are not that common, but they do happen. When a collision with a train occurs, it can be catastrophic and deadly. In this case, the railroad company is accused of not having adequate warning signals while the board of education and the school are accused of not facilitating a safe environment for students to walk home. Residents who have faced a loss due to the negligent acts of another may have the right to pursue wrongful death litigation against the other party to recoup damages suffered. The civil court system in West Virginia may find in favor of the plaintiff if evidence deems the other party responsible.
Source: statejournal.com, "Family of Hurricane student killed while walking home sues", , April 4, 2014