Train Accident Cases
Trains are designed to operate at specific speeds and if they exceed those speeds, it can be hazardous or even fatal. Human error is often the cause of accidents involving trains.
Liability in a railroad accident isn't easy to prove, as multiple parties may be at fault. Our team can help you hold these companies accountable.
Tracks and Crossings
A train crash can be a devastating incident that leaves many victims suffering serious physical injuries as well as emotional trauma. Medical expenses as well as lost wages and other costs may result from the collision of trains and vehicles or another rail collision. Victims of injuries sustained by trains may bring a lawsuit against the person that is responsible for the incident. Depending on the type accident, train employees, railroad companies or property owners could be held liable.
The majority of train accidents occur at crossings, where a vehicle tries to beat the train. These accidents may be caused by the driver, passengers and some passersby. The causes of these crashes vary but the most frequent reason is a driver's impatience to get ahead of the train. This is mostly due to drivers not paying attention to warning signals and not stopping when the signal says to stop or waiting for it to be safe to cross.
The brakes on a car could fail or the driver could misjudge the speed of a train that is approaching. These problems can be compounded by blind curves as well as a poorly-marked or maintained crossing, or even bad weather like snow or ice that make it difficult to see and safely drive.
There are approximately 250,000 railroad crossings across the U.S. and over 95 percent of collisions between train vehicles take place at these types of crossings. A lot of them are referred to as "passive" crossings, which means they do not have a gate or lighting and must be passed through at the drivers' own risk. These crossings are more dangerous than crossings with gates and lights because they provide less protection to motorists should they come into contact with trains.
Signals, rails and other warning devices at railroad crossings must be maintained properly by the railroad in order to ensure that drivers are able see the approaching trains or other vehicles. Obstructions like a fallen tree, trash can, or other items left inadvertently on the track or on the spot where trains will pass must be removed prior to when the train arrives. Inability to remove them can cause a fatal crash.
Train Operators
Trains are a complex vehicle that require trained professionals to operate. If a train driver does not follow the rules, it can result in fatal injuries or even death to passengers and others on the track. If a train company or operator is found to be negligent, those who suffer could be entitled to compensation for medical expenses emotional trauma, as well as lost wages.
Human error is often the cause of train accidents. A driver might not cross the tracks as the train is approaching because they believe they have enough time or are distracted by something on the other side. In other cases, trains can derail from the rails and cause damage to nearby infrastructure or even passengers.
In a lawsuit filed against a railway company evidence of negligence could include accident and police reports along with inspection and track maintenance records. This data can reveal if a company has failed to meet the safety and maintenance requirements in a timely fashion and could have contributed to an commercial truck accident attorneys.
Eyewitnesses are also an important source of information in determining the reason best Lawyers for Truck accidents a railroad truck accident attorney near me. Statements and contact information of witnesses can be used to establish a case against railroad companies or train operator for negligence.
A damaged track or faulty sign are examples of physical evidence that could be gathered. These pieces of evidence can be analyzed by experts to determine the reason the accident occurred and who is accountable for the incident.
A successful claim for damages in a train accident can be substantial, but there are obstacles. For example, train accident victims may face claims from multiple parties which include train operators, railway company, manufacturers of faulty equipment, and government entities responsible for track maintenance. The process of determining who is responsible for the incident can be complicated and requires expertise in personal injury law, transportation law, and regulations that govern railways. A lawyer who has extensive experience in handling these types of cases will be able to help victims understand their options, and make sure they receive the maximum compensation for their losses.
Passengers
In the event of a train crash victims could suffer serious injuries. This could result in long-term financial, emotional, and physical hardships. Our train accident attorneys help injured victims receive compensation. We will identify the responsible parties and pursue their full responsibility for your losses.
As common carriers, railroad companies have a duty to their passengers. This means that they must provide the highest degree of security to safeguard their passengers. Unfortunately, this is not always the case.
A collision between a train and a passenger train could be catastrophic, resulting in severe injuries, and sometimes death. These accidents are often caused by the failure of the railway company to comply with their duty of care, or due to an act of negligence committing by the train's operator or any other party.
Pedestrians can also be severely injured in a train crash. The force of a collision can result in broken bones as well as traumatic brain injury (TBI) and spinal cord injury and internal organ damage. A majority of these accidents are preventable, as pedestrians can reduce their risk by following the most important safety guidelines and using designated crossings when they are walking close to tracks.
In addition to examining the site of the train crash, a personal injury lawyer will also gather evidence like photographs and videos, eyewitness testimonies and reports on rail accidents from the National Transportation Safety Board, maintenance records of trains, and other documents that show the sequence of events that led to the crash. The evidence will then be used to demonstrate how the responsible party breached their duty of care which resulted in your injuries and losses.
Train-pedestrian accidents can be devastating to the victims and their families. The survivors can suffer psychological and physical trauma, such as post-traumatic disorder (PTSD) anxiety, depression, and chronic pain. In some cases survivors may require extensive physical therapy and regular therapy.
Contact an experienced New Jersey personal injuries attorney immediately if you've been injured in a train accident or if you have lost a loved on. Our attorneys have a strong track record handling these complex and sensitive cases.
Property Owners
When an individual is injured by trains, the train company and other companies that manage railway tracks or infrastructure could be held responsible for the injuries. To prove negligence, it is necessary to establish that the person responsible was unable to exercise reasonable care according the safety guidelines and procedures. This is typically done by looking at records that show subpar maintenance practices, faulty repairs or inability to handle issues that are known to be. The attorney will also gather evidence that shows the responsible party's actions led to the trucking accident lawyer near me or injuries.
Railroad companies have a higher obligation to their passengers than the average property owner because they are considered common carriers that provide transportation services for a fee. This means that the railroad company must take additional steps to ensure passengers' safety, such as ensuring that employees are properly trained and ensuring the trains are safe to operate.
In addition, railroad companies are bound by obligations of care to motorists and pedestrians at rail crossings. They must take reasonable care in light of the known dangers to prevent individuals from being struck by trains passing by.
If a victim of a train crash is killed, the family can bring a wrongful-death claim against the railroad company or other liable parties. Wrongful death claims are similar to other personal injury lawsuits and permit survivors to claim damages arising from their past and future medical expenses as well as loss of income emotional distress, and other losses.
The lawyer will assist the client in identifying the parties that might be liable and assist them in filing claims against each one of them. This could include the company and other employees and the manufacturer of the train or any party that designed or supplied or installed defective parts that caused the accident.
Train accidents can cause severe and debilitating injury, and victims deserve to be compensated for their loss. A skilled personal injury lawyer will guide the victim through the process of obtaining the maximum amount of compensation they are entitled to. From offices in Astoria and Syosset The attorneys at Marc S. Albert, Attorney at Law are committed to helping injured victims across New York City and Long Island receive the financial assistance they require.