Posted On: December 2, 2009 by Baker Associates

Train Hits Car Abandoned on Tracks

One little-considered aspect of driving in the context of personal injury law is that it’s not just how you drive your car that can lead a lawsuit, but also where you leave it when you are finished driving it. There are certain places you cannot leave a parked vehicle, like in the middle of the road for instance, because it can pose a danger to other vehicles. Recently someone in Massachusetts decided that leaving their vehicle parked on railroad tracks would be a good idea, which worked out just fine until a train came along. The train was traveling about sixty miles per hour when it smashed into the car, but luckily none of the forty-eight passengers on board the train were injured.

While it is highly unlikely that someone intentionally left their car parked on a set of railroad tracks, leaving a car parked anywhere other than a driveway or parking lot can be a dicey decision. Parking a car in such a manner that it can present an unexpected obstacle to someone using the roadway can constitute negligence since reasonable drivers do not park their cars in spots that would cause hazards to others using the roadway.

The above-described scenario does not happen very often, but one should always be aware of what problems may be presented by the decision to park in a certain spot. For example, parking inappropriately may block access to a fire hydrant, block emergency vehicle access to a building, or present a hidden obstacle to a vehicle rounding a corner that cannot see where the car is parked. If any of these situations causes injury, the driver who made the decision to park there may end up defending that decision in an East Tennessee personal injury lawsuit. Driving constitutes more than just the act of driving itself, and drivers should always consider the consequences of where and how they decide to park.

Source: http://updates.pressherald.mainetoday.com/updates/downeaster-delayed-after-it-hits-car

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