Train Accident Cases
Trains are designed to operate at a certain speed. If they exceed that speed, they can be dangerous. In many cases human error is the main reason behind train accidents.
In the event of a railroad accident, liability isn't always easy to prove, since 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 with serious physical injuries and emotional trauma. It can also result in financial burdens due to medical expenses, lost income, and other expenses resulting from an accident between a train and vehicle or a rail accidents. Victims of injuries sustained by trains can bring a lawsuit against the person found to be at fault for the incident. Based on the nature of the incident, those who could be held accountable could include employees as well as railroad companies, property owners or those accountable for the maintenance of tracks and crossings.
Most train accidents occur at crossings where a vehicle is trying to stop the train. These accidents may involve the driver, passengers and some passersby. These crashes can be caused by a myriad of factors however the primary cause is the driver's irritability when trying to catch up of the train. This is typically because drivers aren't paying attention to warning signs, not stopping when the signal says to stop or waiting for it to be safe to cross.
The brakes of a vehicle may fail or the driver could be unable to determine the speed and direction of trains that are approaching. These issues can be exacerbated by an unmarked curve or a poorly marked or maintained crossing, or even bad weather such as snow or ice that make it difficult to see and safely drive.
In the United States, there are approximately 250,000 railroad crossings. Over 95 percent of train-related accidents occur at these crossings. A lot of them are referred to as "passive" crossings, which means they do not have a gate or lights, and have to be passed through at the drivers at their own risk. These crossings are far more risky than those with gates and lights because they provide less protection to motorists should they come into contact with trains.
The rails signals, signals and other warning devices at railroad crossings should be properly maintained by the railroad in order to ensure that drivers is able to see the approaching train or other cars on the road. When a train is about to arrive, it is important to remove any obstructions that could have been left on the track. train accident claim includes a tree that has fallen, a trash can or other items. Inability to remove them can result in a fatal crash.
Train Operators
Trains are complex machines that require skilled technicians to operate. When a train driver is not following the correct procedure this could result in serious injury or death to those aboard and those on the track. If the actions of the train operator or company are deemed to be negligent the victims may seek compensation for emotional trauma, medical expenses, and lost wages.
Human error is usually the reason for train accidents. Drivers may not be able to move across the tracks when a train approaches because they think they have enough time or are distracted by something on the other side. Some instances involve trains slipping from the rails, which can affect nearby infrastructure and cause significant damage to passengers.
In a lawsuit against a railway firm, evidence of negligence may include accident and police reports as well as inspection and maintenance records for track. This information will show if a company failed to 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 trying to determine the root of an accident. Statements from people who witnessed the incident and any contact information for witnesses can be used to build a case for negligence against a train operator or a company.
Another important element of evidence to collect is any physical objects that caused the accident, such as damaged tracks or a malfunctioning signal. These evidences can be analyzed by experts to determine the reason the accident happened and who is accountable for it.
A successful claim for damages in an accident involving trains can be substantial, but there are a few hurdles. The victims of accidents on trains could be faced with multiple claims, such as those from the train operator as well as the railway company, and manufacturers of defective equipment. They could also have to deal with authorities responsible for track maintenance. The process of determining who is responsible for the incident can be a complicated matter and requires experience in legal matters such as 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 most compensation possible for their losses.
Passengers
In the event of a train crash victims could suffer serious injuries. This could result in lasting financial, emotional and physical strains. Our train accident lawyers assist injured victims obtain compensation. We will determine the responsible parties and pursue their full responsibility for your losses.
As common transporters, railroad companies are bound by obligations to their passengers. They are therefore required to provide the highest degree of security to safeguard their customers. Unfortunately, this does not always occur.
A collision between a passenger train and a train can result in grave injuries or even death. These accidents are usually 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 other third party.
A train crash may cause serious injuries to pedestrians. The impact of the collision can cause broken bones, spinal cord injuries, internal organ damage, and even traumatic brain injuries. Many of these accidents could be avoided by pedestrians who adhere to safety tips and use designated crossings whenever they are walking near tracks.
In addition to investigating the site of the train crash, an attorney for personal injuries will gather evidence, such as photographs and videos, eyewitness accounts, rail accident reports from the National Transportation Safety Board, maintenance records for trains, and other documents that show the sequence of events that led to the accident. The evidence is then used to show how the person responsible for the accident did not fulfill their duty of care and caused your injuries and losses.
Train-pedestrian collisions can be catastrophic for those involved and their families. The survivors may suffer emotional and physical trauma, such as post-traumatic stress disorder (PTSD), depression, anxiety, and chronic pain. In some cases survivors might require extensive physical rehabilitation and regular therapy.
Contact an experienced New Jersey personal injuries attorney immediately if you've been injured in a train crash or if you've lost a loved one. Our attorneys have handled many complicated and delicate cases.
Property Owners
If a person is injured by a railroad train or infrastructure, the company who owns the track or infrastructure could be held accountable. Proving negligence requires establishing that the responsible party breached their obligation to take reasonable care in accordance with safety standards and procedures. This is typically done by reviewing the records that show substandard maintenance, inadequate repairs or failure to handle known issues. The attorney will also collect evidence to prove that the actions of the responsible party directly caused the accident and injuries that resulted.
Since railroad companies are common carriers, they have an obligation to their passengers. They provide transportation services in exchange for a charge. This means the railroad company has to take extra steps to ensure the safety of passengers and security, for example, making sure that employees are properly trained and that the trains are secure.
Railroad companies also have a responsibility to protect pedestrians and motorists who cross railroad tracks. They must take reasonable care given the known dangers to keep people from being struck by trains passing by.
If someone who is a victim of a train crash is killed, the victim's family can file a claim for wrongful death against the railroad company and other parties accountable. Wrongful Death claims are similar to personal injury lawsuits and permit survivors to seek damages for future and past medical costs loss of income, emotional distress, in addition to other losses.
The lawyer will assist the client in identifying all parties that could be responsible, and assist them in filing claims against each one of them. This could include the business and other employees and the manufacturer of the train, or any party that created or sold or installed defective components which led to the accident.
Train accidents can result in severe and severe injuries, and victims are entitled to full compensation for their loss. An attorney for personal injury can assist victims in receiving the most compensation to which they are entitled. From offices in Astoria and Syosset the lawyers 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.