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His survival was a matter of inches. Mr. Lynskey was struck by the train but not head-on, ing to two law enforcement officials with knowledge of the matter. He also fell next to the train, not under it, apparently saving his life, the officials said.
The driver could be at fault if the accident investigation reveals there was reckless or negligent behavior on their part. If they failed to respect warning signals at crossings, if they tried to race the train, or if they were driving under the influence, they could be liable for the accident.
The car driver may receive a traffic citation, but it depends on why the crash occurs. If a train hits a car, and the collision causes any personal injuries, including to people on the train and in the car, the injured victims may claim financial compensation.
Trespassing on railroad property is usually a misdemeanor, with penalties ranging from $100 to $1,000, and some jail time, depending on the state. If your trespass results in the injury or death of someone else, you could face felony charges.
Trains must be rerouted temporarily to clean the tracks and investigate the fatality, causing delays for passengers and crews that may extend far beyond the site of the fatality, a costly economic inconvenience.