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Sometimes railroad employees if they’re in a train and a truck causes a collision, I’ve had a number of those situations or even cars. If the railroad did nothing wrong your only chance is to sue under general negligence law against the truck company. And I had a situation like that in Texas where I was representing an Amtrak engineer and some people further back in the train and this truck comes up to a crossing and doesn’t stop, goes on, and there’s a collision. Well, we went out there and recreated the accident and actually got up and got what they called track in time and did a whole video recreation of the accident and ended up proving that the reason that the trucker didn’t stop is there was vegetation on the side of the right of way that the railroad should have cleared out. And she showed the site views from the trucker’s view and the Amtrak locomotive engineers view and we ended up settling all three of those cases. So sometimes the claim may only be against a third party but in that case, we were able to Amtrak ended up paying also, as well as the truck company.
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St. Paul, MN personal injury lawyer John D. Magnuson talks about the kinds of general liability cases he handles in regards to railroad injuries.