On September 18, 2013, MSN News reports that a double-decker bus crashed with a train killing 6 people. The people on the bus kept screaming to stop just before the bus collided with the train. The bus, according to witnesses, went through a closed crossing barrier and into the oncoming train ripping off the front of the bus. The bus driver was killed along with 5 passengers and 30 people on the bus were injured, 11 of them critically. The crash was in Ottawa and was Canada’s worst train accident since an oil train derailed and exploded in Quebec killing dozens of people. In the September 18, 2013 accident, there were no reports of major injuries to the train passengers. A passenger on the bus said they could see the train bearing down on them as the bus approached the crossing. People were screaming “Stop Stop!” before the bus plowed directly into the side of the passenger four car train ripping off the front of the double-decker bus. It was reported someone was ripped in half.

Obviously, all of the passengers on the bus have a claim against the bus company for plain negligence in not stopping and going into the side of the train, The train would have no liability in that the train conductor could not have avoided the accident. The bus company in the USA would have a higher standard for protecting the riders, as the bus is a “common carrier” charged with the safety of passengers.

This same “common carrier” duty is charged to a Chicago commuter train that collided with another commuter train. The two “Chicago Transit Authority” trains collided in a western suburb of Chicago during a Monday morning rush hour. One train was standing at the Harbor Station in Forest Park, Illinois when the second train pulling into the station collided with the first train. 33 people were injured and transported to 9 area hospitals. The reason for the second train’s failure to stop is under investigation. The passengers of the train have an action against the Chicago Transit Authority for negligence and for failure to keep their passengers safe under “the common carrier” duty.

If you or someone you know has been injured while on a bus or train, call the law firm of Dominick J. Robustelli & Associates, PLLC at (914) 288-0800.

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