A wrongful death lawsuit may stem from a tragic train and dirt bike collision in Washington County that claimed the life of a 36-year-old Charleroi man. The fatal crash occurred late morning at the 5th Street railroad crossing, where a Norfolk Southern train struck the rider just before noon.
Crash Details and Witness Reports
According to officials, the warning lights at the 5th Street crossing were flashing and the gates were lowered at the time of the incident. Witnesses told investigators they believe the rider attempted to go around the lowered gate moments before the train’s impact. Emergency personnel responded quickly, but the man was pronounced dead at the scene.
Victim and Circumstances
The victim was identified as James Gaito, 36, of Charleroi. Reports indicate that Gaito had been riding east on 5th Street and turned near the railway tracks adjacent to the Rite Aid store. The collision was described as a sideswipe-type impact as he re-entered 5th Street from the area between the building and the tracks. Authorities are reviewing the sequence of movements leading up to the collision to better understand how the incident unfolded.
Investigation and Crossing Conditions
The Pennsylvania State Police and Norfolk Southern Railway are jointly investigating the crash. Their review includes testing the functionality of the crossing’s safety systems, including its lights, bells, and gate mechanisms. Local residents have noted that pedestrians and riders occasionally bypass the gates at this crossing, raising concerns about ongoing safety issues in the area.
Legal Rights and Wrongful Death Claims
When fatal accidents occur at train crossings, surviving family members may have grounds to pursue a wrongful death lawsuit. Potential liability can stem from a range of factors, including malfunctioning safety equipment, improper maintenance, or inadequate warning systems. Compensation in such cases may cover funeral and burial expenses, outstanding medical bills, loss of income and benefits, and emotional suffering.
Establishing fault often requires careful investigation, including review of surveillance footage, train logs, witness statements, and equipment maintenance records. Legal representation is critical in ensuring that all possible causes are examined and that families receive fair compensation for their loss.
How Chaffin Luhana Can Help
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How Chaffin Luhana Can Help
At Chaffin Luhana, our Pittsburgh wrongful death attorneys offer free consultations to families impacted by train-vs-vehicle and train-vs-dirt bike collisions. We assist with gathering evidence, coordinating with investigators, and advocating for full compensation in cases involving negligence, unsafe crossings, or defective safety mechanisms. Our legal team is committed to helping families navigate these complex cases and secure the justice they deserve after devastating losses.