Train Accident Cases
Trains are designed for an optimum speed. If they exceed that speed, it can be dangerous. Human error is often the cause of accidents that involve trains.
The liability in a railroad crash isn't easy to prove, since multiple parties could be responsible. Our team can help you make sure that these companies are held accountable.
Tracks and Crossings
A train accident can be a catastrophic event that leaves many victims suffering serious physical injuries as well as emotional trauma. It can also result in financial burdens due to medical expenses, loss of income and other expenses resulting from the collision between a train and a vehicle or another rail accident. Individuals who are harmed by trains may file a suit against any person or entity that is found to be liable for the incident. Depending on the type accident train employees, railroad companies, or property owners could be held responsible.
The majority of train accidents happen at crossings, as the vehicle attempts to beat the train. These accidents can be caused by the driver, passengers, and some passersby. These crashes are caused by a variety of causes but the most common reason is the driver's inattention when trying to get ahead of trains. This typically means not paying attention to warning signs and not stopping at the stop signal, or waiting until it is safe to cross.
The brakes on a car may fail or the driver could misjudge the speed and direction of trains that are approaching. These issues can be exacerbated by an unmarked curve, a poorly marked or maintained crossing, or even bad weather like snow or ice that make it difficult to see and drive safely.
In the United America, there are around 250,000 railroad crossings. Over 95 percent of all train-vehicle accidents occur at these crossings. Many of them are classified as "passive" crossings, which means they do not have gate or lighting and must be traversed at drivers' own risk. These crossings are more dangerous than those with lights and gates, as they offer less protection to motorists in the case of collision with trains.
Signals, rails and other warning devices at a railroad cross should be maintained in a timely manner by the railroad in order to ensure that drivers are able to see the approaching trains or other cars. When a train is about to arrive it is essential to get rid of any obstructions that may have been left on the track. This includes a tree that has fallen, a trash container or other objects. Failure to do this can cause a fatal accident.
Train Operators
Trains are intricate machines that require experts to operate. If a train driver does not follow the rules this could result in serious injury or death to those aboard and those on the track. If an operator or train company is found to be negligent, those who suffer may be entitled to compensation for medical expenses, emotional trauma and lost wages.
Train accidents are usually caused by a simple error made by humans. 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 instances trains may derail from the rails and cause damage to nearby infrastructure or passengers.
In a lawsuit against a railway company, evidence of negligence may include police and accident records along with inspection and maintenance records for track. This information can demonstrate whether the company was not able to meet the required standards of safety and maintenance in a timely manner, which could contribute to an accident.
Additionally, evidence from eyewitnesses is an important source to determine what actually occurred in the event of a railroad accident. The statements and contact details of witnesses can be used to create an argument against a railroad company or train operator for negligence.
Another crucial piece of evidence to gather is any physical objects that contributed to the accident, like damaged tracks or a malfunctioning signal. Experts can analyze these pieces of evidence to determine the root of the accident, and who was responsible.
A successful claim for damages in a train accident can be substantial, however there are obstacles. Accident victims may face multiple claims, such as those from the train operator as well as the railway company, and manufacturers of defective equipment. They may also be confronted by government entities that are accountable for maintenance of the track. The process of determining who is responsible for the accident could be a complicated matter and requires legal experience with personal injury law, transportation law, and regulations that govern railways. A lawyer with extensive experience in these kinds of cases can help victims comprehend their options and ensure that they receive the maximum compensation that they are entitled to for their losses.
Passengers
In the case of a train accident, victims can suffer serious injuries. This could cause long-term emotional, physical, and financial hardships. Our train accident lawyers assist injured victims receive compensation. We will identify the parties responsible and seek their full responsibility for your losses.
As common carriers, railroad companies have a duty to their passengers. This means that they have to ensure the highest level of security that is possible to protect their passengers. Unfortunately, this does not always occur.
A collision between two trains that are passenger and a train could cause serious injuries, and sometimes even death. These accidents are often caused by the inability of the railway company to comply with their duty of care, or due to an act of negligence committed by the train's operator or any other party.
A train accident can also cause serious injuries to pedestrians. The force of a collision could result in broken bones and traumatic brain injuries (TBI), spinal cord damage and internal organ damage. Many of these accidents can be avoided by pedestrians who follow safety guidelines and use designated crossings every time they are walking near tracks.
A personal injury lawyer will look into the scene of the accident and gather evidence, such as photos and videos eyewitness testimony, reports on rail accidents by the National Transportation Safety Board and train maintenance records. These documents will show the sequence of events that led to the accident. The evidence will be used to demonstrate how the responsible party violated their duty of care, resulting in injuries and losses.
Train-pedestrian accidents can be devastating for the victims and their families. Victims may suffer psychological and physical trauma including post-traumatic disorder (PTSD) anxiety, depression, and chronic pain. In some instances, survivors may require extensive physical rehabilitation and ongoing therapy.
Contact an experienced New Jersey personal injuries attorney immediately if injured in a train crash or lost a loved one. train accident settlements have handled a number of complicated and delicate cases.
Property Owners
When an individual is injured by an train, the train company and other entities that own infrastructure or railway tracks could be held responsible for the injuries. The proof of negligence is based on proving that the person responsible for the incident violated their obligation to take reasonable care in accordance with safety standards and procedures. This is usually accomplished by reviewing records that show substandard maintenance, insufficient repairs, or failure to deal with known issues. The lawyer will also collect evidence to prove that the responsible party's actions directly contributed to the accident and subsequent injuries.
Railroad companies owe a greater obligation to their passengers than the average property owner as they are considered to be common carriers that provide transportation services for a charge. This means that the railroad company must take additional steps to ensure passengers' security, including making sure employees are properly trained and making sure the trains are safe to operate.
Additionally, railroad companies have obligations of care to pedestrians and motorists at rail crossings. They must take reasonable care in light of the known dangers to avoid people from being struck by trains that pass by.
If a victim of a train crash is killed, his or her family members can file a claim for wrongful death against the railroad company as well as other parties liable. Wrongful Death claims are similar to personal injury lawsuits and allow survivors to recover damages for future and past medical costs loss of income, emotional distress, among other losses.
The lawyer will assist the client in identifying all parties who may be liable, and help them file claims against each one of them. This could include the train company as well as other workers as well as the manufacturer of the train or any party who designed, sold, installed or repaired defective components that led to an accident.
Train accidents can cause serious and painful injuries, and the victims deserve full compensation for their loss. An experienced personal injury attorney will 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 people throughout New York City and Long Island obtain the financial resources they require.