The teen who was nearly killed three years ago when her car was struck by a train will take her case to court, according to the family's attorney.

Attorney Bob Schuetze told 7NEWS that the trial against Union Pacific Railroad will begin in Douglas County District Court next Monday.

Missy Martin was 16 years old when she was nearly killed at a railroad crossing in November 2002. She was driving to school when her car stalled just in front of the railroad tracks on Fifth and Front streets in Castle Rock.

Her boyfriend, who was driving in a truck behind her, tried to ram Martin's stalled car off the tracks with his vehicle but he was unsuccessful. Her car was then struck by a freight train and pushed almost 90 feet. Martin was in a coma for two months after the accident.

The Martin family has sued the railroad, claiming that trains go too fast and that not enough has been done to make the crossing reasonably safe. The train engineer said that from 100 feet away, he saw the car sitting on the tracks but was unable to stop the empty coal train in time, according to police.

As a result of Martin's accident, the town of Castle Rock built a $5 million vehicle flyover that now allows vehicles to bypass the train crossing. More than 17,000 vehicles had crossed the railroad tracks every day at Front Street, according to Castle Rock officials

Following the accident, officials asked trains using the track to slow down when traveling through town. But both Union Pacific and Burlington Northern Santa Fe Railway said the speed change would disrupt schedules throughout their systems. Union Pacific said slower trains would block crossings longer, creating more problems without improving safety.

Martin, a former high school cheerleader at Douglas County High School, now walks with a cane and continues to do extensive physical therapy and brain rehabilitation. She is currently attending Arapahoe Community College part-time.

Her family is seeking compensation for her injuries, which they say she will struggle with for a very long time.