Gilbert Arizona Train Accident Pedestrian Killed - Attorney Answers Online Questions

Gilbert, Arizona- Train Accident Causing a Pedestrian Death. Train accident attorney John Kelly answers online questions related to the accident. https://www.jkphoenixpersonalinjuryat... Chapters: Intro: 00:00 Sandra's question: 00:43 It's a civil matter, not a criminal: 01:43 Who's to blame, who is liable?: 03:42 Transcript: so I got a question today about the train accident that happened yesterday March 30th in Gilbert Arizona Higley and Williams Field Road between wrecker the accident happened with a train and a pedestrian that was hit and unfortunately the pedestrian a very sad situation but the question that came in was from Sandra who asked about who maintains the the tracks and the the cross arms that come down and who who could be liable for the accident and it's a good question because there's actually a lot of parties that sometimes are involved in train accident cases there's potentially the city the train company there's federal regulations who maintains the arms and and who makes sure that those are in working order typically the trained company but the city sometimes has land that is leased to the company so there's uh you know something to look at there the unfortunate thing about a case like this is the police are likely going to investigate it um you know there's oftentimes not criminal charges that come out of these cases so it's left to civil to investigate and there's firms that do civil cases against train accidents against the company and there's specialized knowledge that is needed for these kind of cases and some of those things require investigator to go to the scene to inspect the train to you know investigate who is on the scene work with the police about the Witnesses look at the controls that were you know what what the timing was like on the controls whether they were giving proper warning whether the train had it's you know horns and lights on and this is all kind of borne out through an investigation in a civil claim it's important to kind of get ahead of those things and actually get someone on scene and figuring out you know who the parties are that are involved sometimes there's a notice of claim requirement which requires additional paperwork and filings that happens within 90 days of the accident if the city is going to be involved or the you know federal government there's you know a lot of federal statutes that regulate train companies and how they operate and a lot of times during our investigation and witness interviews we can interview people that are within the trained company to figure out whether they were using the proper safety protocols we can capture our own evidence sometimes I go to the scene and just have video done of the arms going down and a train going by and seeing what kind of alerts there were and we often can you know firms that do this kind of work can find things that potentially were causes of the accident and if we find those things there could be multiple parties liable and looking at liable parties is something that gives the the families a way of recovery for their loss every case is a little bit different the circumstances are unique pedestrian on train accident cases happen and there there's often you know two sides to the story and I've found that through thorough investigation there's there's some things that you know these trained companies can do to ensure safety for pedestrians and vehicles and this this intersection in particular here in Gilbert has actually been an intersection that's had an issue before so it becomes a particularly interesting case in that regard so the question that Sandra had was regarding who's liable well there could be multiple bars it could be the train company um it could be the city you know and it could be other vehicles that were on the scene that um were there but there's there's a lot to look at there on thorough investigation that needs to be done and and so um that's something that takes time and working with the police and and in my practice what I I currently am working on a major train accident case and it's something that does take dedication and time and patience but we get to the bottom of these issues if you have questions about that please drop it in the comments and if you want to talk to me about this case in specific I'm happy to do so if you give us a call here at 602-283-4122