Train Accident Cases
Trains are designed for an optimum speed. If they exceed this speed, it can be dangerous. Human error is often the cause of accidents involving trains.
Proving responsibility in a railroad accident case can be a challenge since a number of parties could be responsible for the incident. Our team can assist you in holding these companies accountable.
Tracks and Crossings
A train accident could be a catastrophic event that leaves many victims suffering serious physical injuries as well as emotional trauma. Medical expenses as well as loss of wages and other expenses may result from the collision of trains and vehicles or another rail collision. Victims of injuries caused by trains could file a lawsuit against anyone or any entity that is found to be responsible for the incident. Depending on the type accident train employees, railroad companies or property owners could be held accountable.
The majority of train accidents occur at crossings, as vehicles attempt to beat the train. These accidents can affect the passengers, driver, and pedestrians. The causes behind these crashes vary however the most common reason is a driver’s inability to catch up with the train. This is mostly due to drivers not paying attention to warning signals or not stopping when a signal tells them to stop, or waiting for it to be safe to cross.
The brakes of a vehicle could fail or the driver may misjudge the speed and direction of a train that is approaching. These issues can be made worse by a blind bend, an unmaintained crossing or bad weather conditions such as snow or ice.
There are about 250,000 railroad crossings in the U.S. and over 95 percent of train-vehicle collisions occur at these kinds of crossings. A lot of these crossings are “passive”, meaning that they do not have a gate or light and are crossed at the driver’s own risk. These crossings are more dangerous than crossings with lights and gates, as they offer less protection for motorists in the event of collision with trains.
Rails, signals and warnings devices at railroad crossings must be properly maintained by the railroad to ensure that drivers are able to see the approaching trains or other vehicles. Obstructions such as a fallen tree, trash container or other objects that are accidentally left on the track or in the area where a train will pass must be removed before the train arrives. In the absence of this, it could lead to a deadly accident.
Train Operators
Trains are complex vehicles that require trained experts to operate. If a train operator fails to follow protocol, it can result in fatal injuries or even death to the passengers on board and those who are on the track. If the actions of a train operator or company are considered negligent, victims can pursue compensation to cover the cost of medical bills, Accidentinjurylawyers emotional trauma, and lost wages.
Human error is often the cause of train accidents. For instance, a driver may be unable to cross the tracks when a train is coming because they believe they have enough time to do so or they are distracted by something happening on the opposite side of the tracks. Other cases involve trains derailing from the rails. This can affect the infrastructure around them and cause severe damage to passengers.
In a lawsuit brought against a railway company, evidence of negligence could include accident and police records as well as inspection and maintenance records for track. This evidence can show that the company did not meet the standards for safety and maintenance in a timely manner which could lead to an accident.
Eyewitnesses are also an important source of information when determining the cause of a railroad accident. Statements from people who witnessed the incident as well as contact information of witnesses can aid in establishing a case for negligence against a train operator or company.
A damaged track or defective sign are examples of physical evidence that can be collected. Experts can look over these pieces of evidence to determine the reason for the accident, and who was accountable.
A successful claim against a train accident could result in significant damage, but it’s not without challenges. For instance victims of accidents on trains could be liable to claims from multiple parties, including railway operators, train operators, the company, manufacturers of faulty equipment, and government entities accountable for maintenance of track. It can be a challenge to determine who is accountable for an accident. This requires a thorough understanding of personal injury law, railway regulations, and transportation law. An attorney with extensive experience in dealing with these kinds of cases will be able assist victims to understand their options and ensure they receive the highest amount of amount of compensation for their loss.
Passengers
When a train accident occurs victims could suffer serious injuries. This could cause lasting emotional, physical and financial difficulties. Our train accident lawyers help those who have been injured to obtain compensation. We will identify the responsible parties and seek their full responsibility for your losses.
Railroad companies owe passengers an obligation of care since they are common carriers that provide transportation services for a charge. They must, therefore, ensure the highest possible level of security for their customers. Unfortunately, this doesn’t always happen.
A collision between a passenger train and a train could result in grave injuries or even death. These accidents are often caused by the inability of the railway company to comply with their duty of care, or by a lapse of negligence committing by the train’s operator or any other third party.
A train crash may cause serious injuries to pedestrians. The force of a collision may cause broken bones, traumatic brain injury (TBI), spinal cord injury, and internal organ damage. A majority of these accidents are avoidable, since pedestrians can reduce their risk by observing essential safety tips and using designated crossings when walking near the tracks.
A personal injury lawyer will investigate the scene of the accident and collect evidence, including photos and videos eyewitness testimony, rail accident reports by the National Transportation Safety Board and maintenance records of trains. These documents will show the sequence of events leading to the crash. The evidence will be used to demonstrate how the responsible party violated their duty of care, resulting in your injuries and losses.
Train-pedestrian collisions can be catastrophic for the victims and their families. The survivors may suffer emotional and physical trauma, including post-traumatic stress disorder (PTSD) depression, anxiety, and chronic pain. In some cases survivors may require extensive physical therapy as well as ongoing rehabilitation.
Contact an experienced New Jersey personal injuries attorney immediately if you’ve been injured in a train crash or if you have lost a loved one. Our attorneys have handled a number of complex and sensitive cases.
Property Owners
When an individual is injured by a train the train company as well as other entities that own infrastructure or railway tracks could be held responsible for the injuries. To prove negligence, you must establish that the person responsible for the incident violated their duty to take reasonable care in accordance with safety standards and procedures. This is often accomplished by examining records showing substandard maintenance practices, inadequate repairs or failure to properly deal with known issues. The attorney will also gather evidence that proves the responsible party’s actions caused the accident or injury.
Railroad companies have a higher obligation to passengers than an average property owner since they are considered common carriers and offer transportation services for a fee. This means the railroad company must take additional steps to ensure the safety of passengers and security, for example, ensuring that its employees are properly trained and that trains are safe.
Railroad companies also have a responsibility to care for pedestrians and motorists who cross railroad tracks. They must exercise reasonable care, given the risks that are known to avoid people being hit by passing trains.
If a victim of a train crash is killed, the family can make a claim for wrongful death against the railroad company or other liable parties. Wrongful death claims are similar to personal injury lawsuits, and allow survivors to recover damages for future and past medical expenses as well as loss of income and emotional distress, among other losses.
The lawyer assists the client in identifying all parties who could be responsible, and assist them in filing claims against each of them. This could include the train company as well as other employees, the train manufacturer or any party who designed or sold, installed or repaired defective components which caused an accident.
Train accidents can cause serious and debilitating injuries, and the victims are entitled to full compensation for their loss. A skilled personal injury lawyer will guide the victim through the process of recovering 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 throughout New York City and Long Island receive the financial assistance they need.