Train Accident Cases
Trains are designed to operate at a certain speed. If they exceed that speed, it could be dangerous. In a lot of cases human error is the main cause of train accidents.
In the event of a railroad accident, liability isn't always easy to prove since many parties may be at fault. Our team can help you make sure that these companies are held accountable.
Tracks and Crossings
A train accident can be a devastating event that leaves many victims suffering serious physical injuries as well as emotional trauma. It may also cause financial burdens due to medical expenses, lost income, and other expenses resulting from a train-vehicle collision or other rail trucking accidents attorneys. People who have been injured by trains can bring a lawsuit against the person that is responsible for the incident. Based on the nature of the incident, those who could be liable could include train employees or railroad companies, property owners or others responsible for maintaining the tracks and crossings.
Most train accidents occur at the crossings, when a car is trying to outrun the train. These accidents can be devastating for the driver, passengers, and pedestrians. The reasons behind these accidents differ however the most common reason is the driver's inability to catch up with the train. This is usually because drivers aren't paying attention to warning signs or not stopping when a signal is to stop, or not waiting for it to be safe to cross.
The brakes on a car could fail or the driver could mistakenly judge the speed of a train approaching. These issues can be made worse by a blind bend an unsafe crossing, or bad weather like snow or ice.
In the United America, there are about 250,000 railroad crossings. Over 95 percent of all train-vehicle accidents happen at these crossings. A lot of these crossings are "passive" which means that they don't have a gate or light and must be crossed at the driver's own risk. These crossings are more dangerous than crossings with gates and lights because they offer less protection for motorists should they come into contact with a train.
Signals, rails and warning devices at a railroad cross must be properly maintained by the railroad in order to ensure that drivers are able to see approaching trains or other vehicles. Obstructions like a fallen tree, trash container or other items left inadvertently on the track or on the spot where trains are expected to pass must be removed prior to when trains arrive. In the absence of doing this, it could lead to a deadly crash.
Train Operators
Trains are complex vehicles that require trained experts to operate. If the train operator does not adhere to the rules, it could cause serious injuries or death to those aboard and those on the tracks. If a train company or operator is found to be negligent, the victims could be entitled to compensation for medical expenses as well as emotional trauma and lost wages.
Train accidents are usually caused by a simple error made by humans. A driver may not cross the tracks as trains approach because they believe they have enough time or are distracted by something on the other side. Other cases involve trains derailing from the rails, which can affect infrastructure nearby and cause serious damage to passengers.
In a lawsuit against a railway company the evidence of negligence could include police and accident reports as in addition to maintenance and inspection reports on the tracks and train. This information can show the extent to which a company not met standards for safety and maintenance promptly and could be the cause of an accident.
Eyewitnesses can also be a valuable source of information when trying to determine the cause of a railroad accident. Witnesses' statements about the incident and any contact information for witnesses can aid in establishing the case of negligence against a train operator or a company.
A broken track or a defective sign are examples of physical evidence that could be gathered. These pieces of evidence can be scrutinized by experts to determine how the accident occurred and who is accountable for the incident.
A successful claim for damages from an accident on the train can be substantial, but there are a few hurdles. For instance victims of accidents on trains could have to contend with claims from a variety of parties such as train operators, railway company, the manufacturer of defective equipment, as well as government agencies responsible for track maintenance. Determining who is accountable for the accident could be complicated and requires expertise in personal injury law, transportation law and regulations that govern railways. An attorney with years of experience in these cases can help victims understand their options and ensure that they receive the maximum compensation possible for their loss.
Passengers
In the event of a train crash the victims could suffer severe injuries. This could cause lasting financial, emotional and physical strains. Our train accident lawyers assist those injured to recover compensation. We will identify the parties responsible for your injuries and pursue them to their fullest liability.
As common carriers, railroad companies have an obligation to their passengers. They are therefore required to provide the highest possible level of safety to protect their clients. However, this isn't always the case.
A collision between two trains that are passenger and a train could cause serious injuries and even death. These accidents typically result from the negligence of the railway company to meet their obligations of care, or by inattention on the part of the train operator or a third participant.
Pedestrians can also be severely injured by a train accident. The force of a collision may result in broken bones, traumatic brain injury (TBI), spinal cord damage and internal organ damage. Many of these accidents can be prevented by pedestrians who observe safety tips and use designated crossings every time they are walking near tracks.
In addition to examining the location of the train accident, an semi truck accident lawyers truck wreck attorney attorney (sneak a peek here) for personal injuries will collect evidence such as photographs and videos, eyewitness accounts and reports on rail accidents from the National Transportation Safety Board, maintenance records of trains and other documents that provide evidence of the sequence of events that led to the crash. The evidence will be used to show the way in which the responsible party acted against their duty of care that resulted in injuries and losses.
Train-pedestrian collisions can be devastating for those who are involved as well as their families. Survivors can experience psychological and physical traumas including post-traumatic disorder (PTSD), anxiety, depression, and chronic pain. In some cases survivors may require extensive physical rehabilitation and regular therapy.
Contact an experienced New Jersey personal injuries attorney immediately if injured in a train accident or if you've lost a loved one. Our lawyers have a proven experience in handling these complicated and sensitive cases.
Property Owners
If someone is injured by a railroad train or infrastructure, the company who owns the infrastructure or track could be held liable. To prove negligence, it is necessary to establish that the party responsible failed to exercise reasonable care based on the safety guidelines and procedures. This is typically accomplished by reviewing records that reveal poor maintenance, inadequate repairs, or the failure to address problems that were known to occur. The attorney will also gather evidence demonstrating that the responsible party's actions directly caused the accident and subsequent injuries.
Since railroad companies are common transporters, they are bound by a greater duty to their passengers. They offer transportation services in exchange for a fee. This means that the railroad must take extra measures to ensure passenger's safety by making sure that employees are properly trained and that the trains are secure.
Furthermore, railroad companies have obligations of care to pedestrians and motorists at rail crossings. They have to exercise reasonable care, based on the dangers they know about, to ensure that people are not struck by trains that pass by.
If a person injured in a train accident is killed, the family could make a claim for wrongful death against the railroad company or other responsible parties. Wrongful death claims are similar to personal injury lawsuits and allow the survivors to recover damages for past and future medical expenses loss of income, emotional distress, among other losses.
The lawyer for trucking accident will assist the client in identifying all parties that could be responsible, and help them file claims against each. This could include the train company, other employees, the train manufacturer or any party who designed or sold, installed, or repaired defective components that caused an trucking accident lawyer.
Train accidents can lead to severe and debilitating injury, and victims deserve to be compensated for their injuries. An experienced personal injury attorney can guide the victim through the process of recovering 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 dedicated to helping injured persons across New York City and Long Island find the financial assistance they require.