Galen stoller was killed at a railroad crossing when an amtrak train hit his car. the crossing was marked with a stop sign and a railroad-crossing symbol, but there were no flashing lights. galen’s parents filed a suit against national railroad passenger corp. (amtrak) and burlington northern & santa fe railroad corp., alleging negligence in the design and maintenance of the crossing. the defendants argued that galen had not stopped at the stop sign. was amtrak negligent? what was the proximate cause of the accident? discuss.

Explanation:

                            In this situation, Amtrak was considered negligent because flashing light was not provided at the railway crossing by National Railroad Passenger Corp. (AMTRAK) and Burlington Northern & Santa Fe Railroad Corp., who were responsible for the design and maintenance of the crossing. Flashing lights gives a warning signal when the train arrives and should be present at the crossing site.

                          The negligence of the AMTRAK and the absence of the flashing lights is proved to be the main cause for the accident is the proximate cause of the accident. The flashing lights not being present at the crossing site increased the risk of causing accident at the crossing.

                           Even though there was a railroad-crossing symbol and a stop sign, the flashing lights being not been present in the crossing prevented Stoller from seeing any danger of heading train.

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