Delventhal Law Office — Personal Injury Attorneys

NEWSJACKSON COUNTYOCTOBER 9, 2026

Pedestrian Killed by Train Near Broadway Street in Seymour

By Chad E. DelventhalUpdated October 9, 20263 min read

A pedestrian was struck and killed by a train near Broadway Street in Seymour, according to WTHR’s report[1]. WTHR listed the story on Wednesday, October 7, 2026, and reported that the person was struck at around 10 p.m. The exact date of the incident has not been confirmed.

The person who died has not been identified. The available report does not name the investigating agency, the railroad or the circumstances that led to the incident. What caused the person to be on or near the tracks, and whether anyone was at fault, remain undetermined.

A railroad crossing near Broadway Street in Seymour, Jackson County, where a fatal pedestrian train strike was reported.

What families should do next

When a family member is killed by a train, your first steps may be practical ones. You can contact the coroner’s office, the investigating police agency and the railroad’s claims department when you are ready. Ask the police agency for its report once the investigation is complete. A crash report can provide useful information, but it does not determine civil liability.

Railroads may also keep records such as event recorder data and crew statements. Because records can be lost or overwritten, timely preservation requests can matter. Keep copies of death certificates, funeral bills and any medical records. Be careful about signing documents or giving a recorded statement to a railroad representative before you understand your options.

Public-records documents representing the investigation and evidence that may follow a fatal train incident in Jackson County.

Why the Seymour location matters

This incident happened near Broadway Street in Seymour, in Jackson County. A civil case would ordinarily be filed in Jackson County or where a defendant is located.

Indiana’s wrongful death statutes, Ind. Code 34-23-1-1 and 34-23-1-2, govern claims after a death, and the general deadline is two years. Indiana’s modified comparative fault rule, Ind. Code 34-51-2-6, reduces recovery by a person’s share of fault and bars recovery when that share is greater than 50 percent. Fault can be hotly contested in train and pedestrian cases, and no conclusion about fault can be drawn from the limited public report here.

If a city or county crossing or roadway could be involved, the Indiana Tort Claims Act requires written notice to a political subdivision within 180 days under Ind. Code 34-13-3-8. Families can review general information about Indiana government tort claim notices and consult a Fort Wayne train accident attorney about which deadlines may apply to their facts.

Jackson County courthouse exterior, representing the county where legal proceedings related to the Seymour train incident could occur.

How Delventhal Law Office can help

Delventhal Law Office, LLC is a personal injury law firm in Fort Wayne, Indiana, founded by attorney Chad E. Delventhal in 2009. The firm helps Indiana families understand wrongful death claims, how fault may be evaluated in railroad incidents and which filing or notice deadlines may apply. No outcome can be promised in any case.

If you want to discuss what happened, the firm offers a free case evaluation.

This post is based on public reporting, the investigation may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.

Sources

  1. WTHR’s report (wthr.com) ↩

Working with Delventhal Law

Common questions

How fees work, deadlines that matter, and what to expect when you call.

  1. How much does it cost to hire Delventhal Law Office?

    There is no up-front cost. Personal-injury cases are handled on a contingency-fee basis: you pay nothing unless we recover compensation for you. The initial consultation is free and carries no obligation. Call (260) 484-6655 to talk through your situation.

  2. How long do I have to file a personal injury claim in Indiana?

    Indiana generally gives you two years from the date of injury to file a personal-injury lawsuit (Indiana Code § 34-11-2-4). Shorter deadlines can apply when a government entity is involved or in some workers' compensation matters. The sooner you call, the more options you have.

  3. What if I'm partly at fault for the accident?

    Indiana follows a modified comparative-fault rule (Indiana Code § 34-51-2-6). You can still recover compensation as long as you are not more than 50% at fault. Your recovery is reduced by your percentage of fault. Even if you think you share blame, call us — the insurance company's first assignment of fault is often wrong.

  4. Do I have to come into the office to meet with you?

    No. We meet clients by phone, video call, at their home, or at the hospital. The Delventhal Law Office is in downtown Fort Wayne, but most of our clients live across Indiana and we come to you when that's easier.

  5. How quickly should I call after an accident?

    As soon as you can. Evidence disappears fast — skid marks fade, surveillance video is overwritten, witnesses move on. Insurance adjusters also start calling within days. Talking to us before you give a recorded statement protects your claim.

  6. What kinds of cases does Delventhal Law handle?

    We represent injured plaintiffs in car, truck, motorcycle, bicycle, and pedestrian accidents; workers' compensation and on-the-job injuries; wrongful death; slip-and-fall and premises liability; birth injuries; burn injuries; and other personal-injury claims across Indiana.

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