Buffalo, NY — Two men were hospitalized after a train and an 18-wheeler collided in Buffalo, New York, on Tuesday, June 23, 2015. The accident took place in the 300 block of Ganson Street, across from Buffalo River Works, around 10:00 in the morning.
Local authorities have said that the accident happened when the train, which consisted of the engine and three cars behind it, was being backed up on the tracks. As it crossed the street, the rear car was hit by a truck carrying a load of flour.
When the two vehicles collided, a natural gas cylinder that’s used to help power the truck was ignited, causing a fire.
The driver of the truck and the conductor of the train both suffered burns over large areas of their bodies. They were taken to Erie County Medical Center, and both have been labeled in stable condition. Their names haven’t been released.
The accident is currently under investigation.
Scene of the Accident
Commentary
There are going to be a few factors to take into consideration when trying to figure out who’s liable for an accident like this. The train was backing up to a street. Were there lights and arms at the intersection, letting people know that a train was coming? If so, did the driver of the truck ignore it? Was the view obstructed at all for either man? While each man would be eligible for workers’ comp benefits, given the nature of the accident, one would also have a claim against whoever caused the accident, as they would be considered a third party and not covered under workers’ comp laws.
— Grossman Law Offices