Raymond Arthurs Died In Yates County Pedestrian Accident After Being Hit By Two Engine Norfolk South Train In The Town of Starkey
YATES COUNTY, NEW YORK (October 7, 2021) – A 62-year-old man identified as Raymond Arthurs who was described as being “significantly hearing impaired” has tragically died in a Starkey train accident.
Yates County police officials are saying that the train accident took place around 1:30 p.m. on Wednesday, October 6th. Railroad workers reportedly saw Raymond Arthurs walking on the property multiple times prior to the collision.
A southbound two engine Norfolk Southern Train was traveling from Ontario County to Steuben County when they observed the victim on the tracks. Train crew sounded the horn multiple times prior to striking him.
Authorities suspect that Raymond Arthurs’ hearing impairment may have contributed to the accident. Firefighters and paramedics were called to the scene of the collision in order to help the victim.
Sadly, despite life-saving measures from first responders Raymond Arthurs was pronounced dead after the crash.
Liability In Starkey Train Accidents
Railroad fatalities are much more common than many people may realize. The vast bulk of these fatal accidents involve pedestrians or passenger vehicles that become stuck on train tracks. According to Statista, “In the United States, the number of rail fatalities in 2020 decreased to 767 in total. By comparison, the number of rail accidents and injuries saw a decline between 2019 and 2020 and was overall at its lowest in 2020 since 2013.” There are a number of steps that can be taken to help reduce the number of train accidents.
- Always look out for warning signs and signals that could indicate oncoming trains.
- Understand that trains cannot stop quickly.
- Railroad companies should install crossing arms at intersections with heavy traffic.
- Train operators should always scan the tracks ahead of them for pedestrians and slow down when possible.
Depending on the specific facts of any case there could be numerous sources of liability for a train accident. Train operators have a legal obligation to exercise due care to avoid hitting pedestrians. When a pedestrian is spotted on the tracks, the conductor must slow down to try and avoid a collision. They must also sound their horn to warn any person on the tracks about their presence.
Consider, for example, the case of Stephens v. MTA. Milo Stephens was a patient at a local hospital in Manhattan. He was struck and seriously injured by a Lextington Avenue train. Stephens ended up losing an arm and a leg after being run over by the train. Attorneys for the victim were able to secure a settlement for their client. They contended that the MTA was at least partially liable for the accident for not stopping sooner. Even if a person is walking along train tracks, train operators must do everything in their power to avoid hitting them.
A railroad company could also be liable for an accident if it was caused by a dangerous condition on their premises. Corporations have a legal responsibility to maintain their premises in a reasonably safe condition – even, potentially, for trespassers. New York law does not distinguish between licensees, invitees and trespassers. Instead, New York courts adopted a unified standard under Basso v. Miller. Reasonable care must be taken to protect all person’s on a property whose presence is reasonably foreseeable, including trespassers.
The presence of a trespasser could be reasonably foreseeable if a railroad saw the trespasser on their property on multiple occasions. Property owners must take reasonable steps to warn about potential dangers on their property. As outlined in PJI 2:100, “A dangerous condition is one that creates a risk of . . . personal injury . . . to such an extent that a reasonable person would give warning.” For example, a dangerous condition could be created if trains are continuously entering and exiting an area without warning. Victims of train accidents tend to suffer very serious and costly injuries including:
- Broken bones
- Organ damage
The family of any victim that died in a train accident may be able to seek justice through a wrongful death claim. Damages can help cover lost wages, medical bills and funeral costs. In order to win any civil claim plaintiffs will typically have to demonstrate negligence. To do this evidence must be gathered and properly analyzed. A New York train accident attorney can examine all of the facts of your case free of cost and let you know what your legal options are.
Liability In Yates County Train Accidents
We at Gersowitz Libo & Korek, P.C. extend our deepest condolences to the family of Raymond Arthurs. Any person that may have information about what happened should reach out to authorities. There needs to be a thorough investigation for the sake of all who have lost so much.
This accident raises a number of important safety questions. Did the railroad workers have contact with the victim before the accident? Was there an effort to protect him by removing him from the premises? Could this accident have been prevented? It is our sincere hope that measures are taken to prevent similar tragedies.