Job: Security/EMT Officer
Incident: Train vs. Truck
Damage: Minor to front right side. Vehicle still drivable.
Time: 06:45 am
Visibility: minimal. Light sources - artificial and natural of no help
I was recently involved in an accident with a train. This particular intersection has no audio/visual alarms to indicate an approaching train. This must be done visually. At 06:45 am I noticed the train present but due to the lighting at the time it did not appear to be moving. I had stopped at the intersection with the intention of making a left turn. As I proceeded to make the left, I noticed more clearly that another contractor was in the "wrong lane" in fact blocking my route of travel. I came to a stop partially on the tracks attwmting to assess his intentons. After a minute or two (and before considering frtting out of truck to address issue) this vehicle honked at me to warn the train was moving in my direction. I proceeded to attempt to get out of the way and in doing so got clopped on the front right side. Train came to a stop and i ceased efforts to move vehicle. I contacted my partner and asked the Supervisor (for my company) to immediately respond (he did). The RR and plant managers (safety and other) also responded. RR appeared initially as trying to "get stories" straight as they claim the signal man "yelled" at me? There was at no time an obvious person present on the train car as I never saw any flashing lights or lanterns or any audible sounds. The engine pushing the cars was around a bend, out of line of site approximately 80 to 100 yrds away. Since the incident, I have been removed from the site and waiting re-assignment which I've been told is less money and further away.
My question is do I have any legal claims against the facility which already has numerous safety related injuries and violation claimsband has been issued fines by both OSHA and the Environmental Protection Agency?
Although I did not experience any physical injuries. I am noticing emotional turmoil after the accident ti include sleeplessness and flashbacks