Some motor vehicle accidents involve trucks or cars colliding with trains, buses, and other forms of transportation. It is usually possible for the driver or any other injured parties to sue the business at fault for operating their vehicles in an unsafe manner.

An accident in East Durham, North Carolina involved an Amtrak train colliding with a truck.

Amtrak train hits pickup truck stuck on tracks

The accident occurred at a railroad crossing on Wrenn Road and Angier Ave. The woman driving the truck claims that a group of ATV riders got in her way and caused her to get stuck on the tracks. They left shortly after, then she was able to get the other passengers and her dog out of the truck before a train came through and collided with the vehicle. The train was going from Raleigh through Durham to its eventual destination in Charlotte. The truck was severely damaged, but no one was in the vehicle when it was struck and no one on the train was hurt from the impact of the collision. Local police were investigating the incident further and trying to find the ATV drivers.

Injuries to commercial drivers

When truck drivers are injured while traveling or working, they can file a lawsuit against the person or business responsible. They can also make a claim for workers compensation to pay for their lost wages while they are recovering. In a story like the one above, both the ATV riders and the train operator can possibly be sued for contributing to the accident. When a transportation company like Amtrak injures others, they can also be made to pay for any of these damages in a civil lawsuit rather than the individual employee who was conducting the train.

Negligence laws in the state

Most motor vehicle and personal injury lawsuits will be filed as negligence cases. This does not change whether trains, buses, cars, or other kinds of vehicles are involved. This is the legal term for when a driver or other operator’s careless actions cause injuries or property damage to another person. North Carolina has its own negligence laws like every other state, with some important distinctions.

Contributory negligence

North Carolina uses an older form of the negligence laws that have been abolished in most other states called contributory negligence. As a general rule, this means that if a plaintiff was found to be partially at fault for any accident, then they cannot collect any damages at all. Fault cannot be divided between a plaintiff and a defendant.

However, it is still important to discuss the specifics of any truck accident with an attorney before making conclusions. The services and advice of an expert attorney is always the best way to proceed.

Learn more about truck accident lawsuits

If you want to speak to an attorney in Durham or nearby parts of North Carolina about filing a lawsuit, there is help available. Lawyers who handle cases related to all kinds of motor vehicle accidents are ready to provide you with a consultation.