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DeKalb Train Hits Dump Truck, Tragically Killing Driver

December 06, 2015

Recently, a 43 year old dump truck driver was killed when his truck was struck by a freight train at the DeKalb County rail crossing. The accident happened in the morning hours near the intersection of Fleetwood Drive and Constitution Road. The train rammed into the dump truck at a high rate of speed, pushing it a half mile down the track and ejecting the truck driver from his vehicle. Police report that the train crossing has a stop sign, but no crossing arms.

This is the second fatal train-vehicle accident to occur in three days in the Atlanta metro area. Days before this tragic collision, two children were killed when a train hit their car in Henry County, according to WSB TV. Surveillance video reveals that the stop arms were down and lights flashing, but the driver of a van attempted to cross the tracks. The van, carrying four, was hit by a freight train. A fifteen year old and twelve year old were killed in the accident and a younger sibling was hospitalized.

Train Crossing Accidents

Thousands of train accidents happen each year, resulting in serious deaths and injuries. Due to the size and speed of trains, even a minor incident can inflict catastrophic injuries or death. Train accident lawsuits are complex, often involving multiple defendants. These lawsuits are subject to different laws than the average personal injury suit, which includes different legal standards and statutes of limitations.

Train accident victims commonly include train passengers, bystanders or pedestrians, railroad workers, and drivers or passengers of other motor vehicles. All of these individuals can come into contact with trains and be injured in the event of an accident. There are several common types of train accidents, including:

  • Derailments
  • Vehicle-train accidents
  • Train-train accidents
  • Railroad accidents
  • Railroad crossing accidents

Railroad crossing collisions are among the most frequently occurring train accidents. Such crashes can involve cars or trucks that are stuck on the tracks or attempt to cross too close to the train, or pedestrians who are standing on or near the tracks. Liability for railroad crossing accidents will depend upon the individual circumstances of the accident. At times, defective signals or gates are found to be at fault for the accident. Other times, trains will fail to use their lights at crossings or do not sound their horn, leaving pedestrians or drivers unaware of an approaching train. Other times, railroad crossings might not be well marked or might become obstructed by plants or other objects. These factors combine to make for unreasonably dangerous crossings. Anyone injured in a railroad crossing accident should consult with an attorney right away, who can evaluate what transpired as well as take the necessary steps to preserve obtain compensation.

Montlick and Associates, Attorneys at Law: A Compassionate Georgia Law Firm

If you or a loved one has been injured in a traffic accident, contact the Georgia Automobile Accident Attorneys at Montlick and Associates, Attorneys at Law. Our law firm is dedicated to assisting injured car accident victims across Georgia and in the Southeast. We bring over 37 years of experience to your personal injury case, providing you with the zealous representation you need to obtain the best possible outcome. The sooner you act after your accident, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.



Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.