A 34-year-old man was killed recently after he was struck by a freight train in Jeanette, a small community about 25 miles east of Pittsburgh.

Details on the fatal accident are skimpy, but anything that investigators can learn about the man's untimely demise is likely to be important, since it will have a bearing on whether his family can file a wrongful death suit and be somewhat compensated for his unfortunate passing, or whether this was a tragic accident for which the railroad was not responsible (therefore making such a lawsuit less likely).

The man was struck around 4:15 p.m. Monday by a Northfolk Southern train that was heading south. Details of exactly how the incident occurred have not been released, though the Westmoreland County Coroner did say the man died of head injuries.

Now, let's first consider one hypothetical (and we need to be clear that this is an entirely made-up scenario). If the man was a motorist and was crossing the railroad tracks at a time when, unbeknownst to him, the safety and traffic signals were not working, his family might be able to file a wrongful death suit because the railroad did not maintain its safety equipment as it should have and their negligence was a factor in the man's death.

On the other hand, if the man was walking down the railroad tracks and simply failed to get out of the train's way for some reason, then a wrongful death suit might have less of a chance of success, since the man's conduct in that (also entirely fictional) scenario contributed to his death.

These are, of course, vast simplifications of the ideas behind wrongful death lawsuits. Attorneys who specialize in this type of case could explain them to you in better and more concrete details.

Source: The Lebanon Daily News, "Coroner IDs W. Pa. man hit by train, probe ongoing," Dec. 7, 2011