Genoa Township woman, 79, killed by train

A 79-year-old Genoa Township woman was killed Wednesday after being struck by a train in Livingston County.

Michigan State Police troopers were dispatched to railroad tracks near Chilson and Brighton roads around 10:30 a.m. Oct. 7 after receiving a report that a pedestrian had been struck by a train.

The conductor told investigators that the crew saw a person lying on the tracks. The conductor attempted to stop the train but was unable to do so before it struck her.

While investigators were working to determine her identity, they were notified that a missing-person report had just been filed with Livingston County Central Dispatch.

Troopers contacted a nearby residence and determined that the missing person was the woman who had been struck by the train.

Investigators believe she was walking from her home to a nearby party store along the railroad tracks when she may have fallen and been unable to get back up before the train approached.

The investigation remains ongoing.

What duties do train crews owe people on the tracks?

Train crews must take reasonable steps to avoid a collision when it becomes apparent that someone on the tracks will not or cannot move to safety. In Marion v. Grand Trunk Western Railroad Co., the Michigan Supreme Court explained that crews may otherwise presume a person will get out of the way. A person's status as a trespasser does not eliminate this duty once the danger becomes apparent.

Whether a crew acted reasonably depends on when that danger became apparent and what time and distance remained to respond. A negligence claim also requires proof that a failure to meet the duty caused the injury. Reviewing the timing of warnings and braking can help establish whether earlier action could have prevented the collision.

Gathering and evaluating evidence is part of what a personal injury lawyer does, including identifying whether the records support a claim against someone legally responsible for the injury.

Get help from Michigan Legal Center

Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles serious injury and wrongful death claims.

If someone you love was injured or killed in a train collision, contact Michigan Legal Center to ask whether the matter is within Michigan Legal Center's practice areas.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.

Michigan Legal Center explains the types of injuries and fatal incidents that may support personal injury claims in Michigan.