A man was hit by a Norfolk Southern train in Boomer, West Virginia (WV). The victim reportedly suffered serious "injuries to his lower extremities,"according to wvgazette.com. He was transported to Charleston Area Medical Center via Health-Net.
Police do not yet know, as of the date of this posting, why the victim was on the track at the time the Norfolk Southern train passed through Fayette County in the Boomer area.
The West Virginia Injury Lawyer’s Perspective:
Whether the victim can bring a personal injury claim against Norfolk Southern depends on a variety of factors. Here are just a few:
- Whether there were clearly posted signs indicating a restriction for pedestrians to be on the tracks
- Whether the Norfolk Southern train conductor used his horn to warn the victim that he was approaching.
- Whether the conductor applied the brakes to try and stop before hitting the victim.
West Virginia uses modified comparative negligence with a 50% rule. The 50% rule means that an injured individual can only recover through a personal injury claim if it is determined that their fault in causing the injury is 49% or less. If they were less than 50% at fault, the resulting damage award will be reduced by the injured individual’s amount of fault.
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