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Driver Exhibited Negligent Behavior Before Collision with Train, Witnesses Say

A Long Island Rail Road (LIRR) train collided with a minivan that was on the tracks the morning of Monday, March 13. The accident resulted in serious, but non-life threatening, injuries to the driver. He was reportedly conscious when responding officers arrived to break through the windows to extract him from the severely damaged vehicle.

The accident occurred at approximately 7 a.m., where the rail line crosses Franklin Avenue in Malverne. The driver’s side of the vehicle was significantly crushed upon the impact. Witnesses reported seeing sparks and smoke coming from the wreckage during the crash.

The Metropolitan Transit Authority (MTA) says the safety gates in front of the rail were properly functioning and were down at the time of the accident. However, responding officials and nearby witnesses said they saw the driver swerving around them in an attempt to get to the other side of the track without having to stop for the train. Witnesses also spotted the driver swerving around other vehicles before heading toward the gate.

The driver was fortunate the train was not going at full speed while leaving the Malverne station, or else it likely would have been a fatal accident. None of the passengers or workers aboard the train suffered injuries.

Driver’s negligence caused accident

In this case, it appears that the driver of the minivan was at fault for the accident. If any of the passengers on the train would have suffered injuries, it’s possible that they could have taken legal action against the man.

Security gates exist for the safety of drivers on the road to keep them from crossing tracks when trains approach. A complete disregard for those barriers could be considered reckless negligence.

If you or a loved one has been injured in a public transportation accident, consult a skilled personal injury lawyer with Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia to learn more about your legal options.