Lawsuit Filed over Fatal Train Wreck

Lawsuit Filed over Fatal Train Wreck

A man whose wife and daughter were killed in a railroad accident has filed a wrongful death lawsuit against the company that operated the train, and the company that owned the tracks.

Tina Porter, 43, and Allaysa Porter, 13, were killed in the wreck on Nov. 20 when a train barreled into the 2004 Chevrolet Blazer Tina was driving.

According to Thomas Keefe Jr., Michael Porter’s attorney, the two railroad companies were liable for the accident because the one that owned the railroad crossing, Canadian National, did not have adequate railroad crossing equipment installed, and the train’s owners, Union Pacific, was traveling at unsafe speeds and failed to sound the horn to warn drivers.

The Accident

Tina Porter was on her way to drop her daughter and her daughter’s friends, Julie Seymour, 12, and Donna Jean Calvert, 13, off at school.

According to Porter’s lawyer, the man who was operating the empty coal train that slammed into the SUV did not sound the horn in time to warn drivers. Because of this, and because of the inadequate signage and railroad crossing equipment, Tina Porter failed to notice the oncoming train and drove in front of it.

According to police, Porter had made no attempt to stop before the blazer was hit.

Michael Porter’s lawyer contends that Tina Porter had no reason to try to beat the train because she had plenty of time to get the girls to school on time.

The Deaths and Injuries

Tina porter, Allaysa Porter, and Donna Jean Calvert all died in the accident. Julie Seymour was the only survivor. She sustained a traumatic brain injury and was hospitalized for two months but she is recovering.

Her personality has changed, which is a common and sometimes permanent effect of brain damage. Her family said she is a little more subtly forceful ways. Children who sustain brain damage also often have memory and concentration problems.

Harmed in a railroad accident? We may be able to help you recover compensation for the losses you and your family have sustained. Please contact us today for a complimentary consultation with an experienced railroad accident attorney who can answer your questions and help you get on the right track.

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