Posts Tagged ‘train and car collide’

Firefighters say a train carrying chemicals collided with a car in suburban Washington but did not spill any of its cargo.

Prince George’s County fire officials said the collision occurred about 6:15 a.m. Sunday in Beltsville between a 70-car CSX freight train and a car. They said the tracks are below street level and the unidentified driver was injured when his car left the road and went down an embankment.

The driver was able to escape the car before the train struck and was reported in serious condition at a local hospital, where he was treated for trauma to the upper body.

Police are investigating the crash.

Negligence must not only be asserted but proven if the party claiming to have been hurt is to win the case. To prove negligence the party bringing the action must show that a “reasonable man” would not have behaved in this fashion and therefore the defendant is liable. In this case we have an injury to a man who is in a car hit by a train. The question becomes who is at fault? the driver or the train? If its the driver of the car is at fault (negligent) then his negligence prevents his recovery. This is called contributory negligence. Once the defendant (the train) shows the plaintiff the driver was negligent He will get no money for his injuries.

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