Train Accident Cases
Trains are designed to operate at certain speeds and, if they go over those speeds, it can be dangerous or deadly. Human error is usually the reason for accidents involving trains.
The liability in a railroad crash can be difficult to prove, as multiple parties could be responsible. Our team can assist you in holding these companies accountable.
Tracks and Crossings
A train accident is a tragic event that can leave many victims with severe physical injuries as well as emotional trauma. It can also result in financial burdens from medical expenses, lost income and other costs associated with an accident between a train and vehicle or a rail accident. Victims of injuries sustained by trains may sue anyone who is found to be to be responsible for the incident. Depending on the type accident train employees, railroad companies or property owners could be held responsible.
The majority of train accidents occur at crossings, when vehicles attempt to beat the train. These accidents can impact the driver, passengers, and even pedestrians. The causes behind these crashes vary however the most common reason is a driver’s impatience to keep up with the train. This usually involves not paying attention to the warning signs or not stopping at the halting signal or waiting until it is safe to cross.
The brakes of a car may fail or the driver may not be aware of the speed of a train approaching. These issues can be exacerbated by a blind bend, an unsafe crossing, or bad weather like snow or ice.
There are around 250,000 railroad crossings in the U.S. and over 95 percent of collisions between train vehicles occur at these types of crossings. Many of these crossings are “passive”, meaning that they don’t have gates or light, and are crossed at the driver’s risk. These crossings are much more dangerous than those that have gates and lights, as they offer less protection to motorists in the case of collision with trains.
The rails signals, signals and other warning devices at railroad crossings should be properly maintained by the railroad to ensure that a driver can see the approaching train or other vehicles on the road. When a train is about to arrive, it is important to remove any obstructions that could be left on the track. This could include a tree that has fallen, a trash container or other objects. Failure to do so can result in a fatal crash.
Train Operators
Trains are a complex vehicle that require skilled professionals to operate. If an operator of a train fails to follow protocols, it can cause serious injury or death to those aboard and on the tracks. If the actions of a train operator or company are deemed to be negligent the victims can seek compensation to cover the cost of medical bills, emotional trauma, and lost wages.
Human error is often the main cause of train accidents. A driver may not walk across the tracks as trains approach because they believe they have enough time or are distracted by something else on the other side. Some instances involve trains slipping from the rails, which could affect infrastructure nearby and cause serious harm to passengers.
In a lawsuit filed against a railway company evidence of negligence could include accident and police records along with inspection and track maintenance records. This information can show the extent to which a company failed to meet standards for safety and maintenance in a timely fashion and could have contributed to an accident.
Eyewitnesses can also be a valuable source of information when determining the root of an accident. The statements and contact details of witnesses can be used to create a case against the railroad company or train operator for negligence.
Another crucial piece of evidence to gather is any physical objects that caused the accident, like an unfinished track or malfunctioning signal. These pieces of evidence can be examined by experts to discover how the commercial truck accident lawyer occurred and who is responsible for it.
A successful claim for compensation from a train accident could result in significant damage, but it’s not without its difficulties. Train accident victims could face many claims, including those from the train operator as well as the railway company, and the manufacturers of defective equipment. They could also have to deal with authorities responsible for track maintenance. Determining who is liable for the best truck accident attorney can be difficult and requires experience in legal matters such as personal injury law, transportation law, and regulations that govern railways. A lawyer who has vast experience dealing with these kinds of cases will be able help victims understand their options, and make sure they receive the maximum compensation for their loss.
Passengers
In the case of a train accident, victims can suffer serious injuries. This can lead to long-term emotional, financial and physical strains. Our train accident lawyers help injured victims recover compensation. We will determine the responsible parties and seek their full responsibility for your losses.
As common carriers, railroad companies have obligations to their passengers. This means that they have to exercise the highest level of security to safeguard their passengers. Unfortunately, this isn’t always the situation.
A collision between trains and a passenger train can be a disaster that can result in serious injuries, and sometimes death. These incidents typically result from the negligence of the railway company to fulfill their obligation of care or by negligence on the part the train operator or a third participant.
The pedestrians could also be injured in a train crash. The force of the collision could result in broken bones, spinal cord damage and internal organ damage and even traumatic brain injuries. Many of these accidents can be avoided by pedestrians who adhere to safety tips and use designated crossings when they are walking near tracks.
In addition, to investigate the site of the train accident an attorney for personal injuries will gather evidence, such as photographs and videos, eyewitness accounts and reports on rail accidents from the National Transportation Safety Board, maintenance records for trains, and other documents that show the sequence of events that led to the crash. The evidence will be used to prove that the responsible party did not fulfill their duty to care that resulted in injuries and losses.
Train-pedestrian collisions can be catastrophic for those involved and their families. Survivors can experience psychological and physical traumas including post-traumatic disorder (PTSD), anxiety, depression and chronic pain. In certain cases, survivors may require extensive physical rehabilitation and regular therapy.
Contact an experienced New Jersey personal injuries truckers attorney immediately if you have been injured in a train crash or if you’ve lost a loved on. Our Commercial truck attorneys have handled a number of complex and sensitive cases.
Property Owners
If a person is injured by an train the train company as well as other companies that manage railway track or infrastructure may be liable for their injury. Proving negligence requires establishing that the person responsible for the incident violated their duty to exercise reasonable care in keeping with safety standards and procedures. This is typically done by looking at records that show subpar maintenance practices, faulty repairs, or failure to deal with known issues. The attorney will also collect evidence to prove that the actions of the responsible party caused the accident or injuries.
Railroad companies owe a higher obligation to their passengers than the average property owner because they are considered common carriers and offer transportation services at a cost. This means the railroad company has to take extra steps to ensure passenger’s safety and security, for example, ensuring that employees are properly-trained and the trains are safe.
Additionally, railroad companies have obligation of care for pedestrians and motorists at rail crossings. They must exercise reasonable care, based on the dangers they know about, to avoid people being hit by passing trains.
If a victim of a train crash is killed, the family could file a wrongful death claim against the railroad company or other liable parties. Wrongful death claims are similar to personal injury lawsuits, and allow survivors to recover damages for past and future medical costs loss of income, emotional distress, among other losses.
The lawyer assists the client in identifying the parties that may be liable, and help them file claims against each one of them. This could include the train company, other employees, the train manufacturer or any other person who designed or sold, installed or repaired defective components that led to an accident.
Train accidents can lead to serious truck accident attorney and debilitating injuries, and victims deserve to be compensated for their injuries. A skilled personal injury lawyer can guide the victim through the process of obtaining the maximum amount of monetary compensation they are entitled to. Marc S. Albert Attorney at Law has offices in Astoria, Syosset and Long Island. They are committed to helping injured persons across New York City and Long Island get the financial support they require.
