Kathy McArthur of the McArthur Lawfirm Was interviewed by 13MWAZ regarding the deadly railroad crossing accident that resulted in the death of Cheryl Rawls. The McArthur Lawfirm is suing for 60 Million dollars in damages on behalf of Rawls’ family. The wrongful death suit claims negligence from GDOT, Norfolk Southern, and Macon-Bibb County. The family says several safety failures led to 76-year-old’s death.
This article was originally published on 13WMAZ here:
https://www.13wmaz.com/article/news/local/family-of-macon-teacher-sues-for-60m-over-deadly-crossing-accident/93-05fbe61a-274f-4bd8-b79e-82f536871b13
By: Maggie Fitzgerald, 13WMAZ
MACON, Ga. — The family of a beloved Macon teacher is seeking justice after a tragic railroad crossing accident claimed her life.
The incident, which has sparked concern among local residents, is now the subject of a $60 million lawsuit against Norfolk Southern Railroad, Macon-Bibb County, and the Georgia Department of Transportation.
Cheryl Rawls, a mother, grandmother, and longtime educator at Stratford Academy, died days after her car became trapped at a railroad crossing on Rivoli Drive last November.
Rawls’ family, represented by McArthur Law Firm, claims that the railroad, Macon-Bibb County officials and GDOT did not do enough to address resolve safety hazards at the intersection.
Personal injury lawyer Kathy McArthur said Rawls was driving with a green light when she turned right off Rivoli Drive and entered the railroad crossing. As she proceeded, a stop bar unexpectedly came down on her car, catching on the vehicle’s antenna and halting her progress.
“The stop bar came down on her car as she had a green light. It’s a whole combination of events that led to this tragedy that have been foreseeable as night and day,” McArthur said. “There’s so much traffic on Rivoli…and there’s so little space. There wasn’t enough time once [Rawls] was hung under the stop bar and couldn’t get her car moved, there wasn’t enough time for her to get out and for her life to be saved.”
The family’s lawsuit alleges multiple failures contributed to the tragedy, including improper coordination of the railroad crossing signals and a lack of adequate signage.
McArthur says the train, traveling at 41 miles per hour, struck her vehicle before she could get out. Rawls died from her injuries several days later.
McArthur says the railroad company has refused to provide a copy of the rail cam video showing the incident, allowing only in-person viewings at their attorney’s office.
“The video is everything,” McArthur said. “But they won’t give us a copy of it so we can really work with it, unless we sue them. The engineer could see her from a long way back and never hit the brakes.”
The case also highlights broader safety concerns at the crossing. Since the incident, McArthur says several residents have approached her firm with their own near-misses at the same location.
“This is not something that is a one-time thing,” McArthur said. “It could happen again today or tomorrow if it’s not rectified. This should never had happened. They never want it to happen again to anyone else who would then lose their family member the way their mom and their wife was lost.”
Following the accident, the county temporarily closed the crossing for a three-week evaluation. Crews repainted worn stop bar lines along the road and added additional signage.
McArthur says the legal process could take two to three years, but the family is determined to see it through.
“We’re left with no choice but to proceed as aggressively as we can, to try to get justice and reasonable compensation for the family, but also to keep it from happening to somebody else,” McArthur said. “Their concern has been, first and foremost, that this should never have happened, and secondarily, they don’t want it to ever happen again to anyone else.”
GDOT has not responded to 13WMAZ’s request for comment at the time this article was published.
Both Macon-Bibb County and Norfolk Southern officials say they will not comment on “pending litigation.”
Transcript of the Story:
The Intersection behind me is the site of that devastating crash that took the life of Cheryl Ross. Now, the wrongful death lawsuit says the intersection has long been known for safety hazards, something the family wants to change. On November 15th, 2024, Cheryl Ross was approaching the Forsythe and Tucker Road intersection in her SUV when her life changed forever. She was just a a wonderful, vibrant, happy uh life of the party kind of person. and um it’s it’s just been a staggering loss. A train crushed the 76-year-old’s car when she got trapped in between crossing arms on the railroad track. Lawyer Kathy MacArthur now representing the RS family as they seek $60 million from Norfolk Southern, the state department of transportation and two Macon-Bibb officials for her quote preventable death. This should never have happened. They don’t want it to ever happen again to anyone else who would then lose their family member. MacArthur says RWS was following traffic signals, a green light at the crossing when the stop bar came down on her car, catching the vehicle’s antenna. The train traveling at 41 mph did not slow down. It’s more or less something that could happen again today or tomorrow. In the weeks after her death, Macon-Bibb County closed the crossing for 3 weeks to study the area, ultimately repainting some of the road lines and adding more signs for drivers. But as far as as giving us any information about what their analysis showed while it was closed and what they felt needed to be done to make this a safer railroad crossing, we’ve not heard one word. and make Maggie Fitzgerald 13 WMAZ
