The fatal crash between a car and a commuter train drew national attention and also backlash against one of the victims -- the woman whose car was hit by the train. That woman's family is now pursuing legal action against the railroad company. The family contends it was the MTA, and not their family member, who was to blame for the fatal New York car accident that took her life and the lives of several train passengers.
The accident occurred as a 49-year-old woman drove onto the railroad tracks. For a reason unknown to all, the woman stopped on the tracks. She was then hit by an oncoming commuter train which then pushed her car along the racks until the gas tank of her SUV exploded.
She died as a result of the collision. Five commuters on the train also lost their lives in the crash. The family contends the design of the railroad crossing itself played a role in the tragic collision. The family has filed a notice of claim, a step required before the commencement of a lawsuit against a public corporation in New York.
When a family of a deceased car accident victim wishes to pursue legal action, the exact nature of the accident and each person's role, including that of the victims, must be determined in court. A successful wrongful death lawsuit in New York can lead to an award of damages based upon documented items of financial loss. Those monetary damages may help a family deal with financial complications that typically follow a loved one's untimely death due to the negligence of another party.
Source: New York Post, "Family of driver sues railroad over deadly Metro-North crash", Rebecca Harshbarger, May 4, 2015