Train Accident Cases

Trains are designed to run at an optimum speed. If they exceed that speed, it could be hazardous. Human error is usually the reason for accidents involving trains.

Proving responsibility in a railroad accident case can be a challenge because a variety of parties could be responsible for the incident. Our team can assist you to hold these companies accountable.

Tracks and Crossings

A train accident could be a devastating event that leaves many victims suffering serious physical injuries and emotional trauma. Medical expenses, lost wages, and other expenses may result from an accident between a train and a vehicle or another rail accident. Victims of injuries sustained by trains may bring a lawsuit against the person found to be responsible for the incident. Depending on the type of accident, those who might be liable could include train employees, railroad companies, property owners or other people accountable for the maintenance of tracks and crossings.

Most train accidents occur at crossings when a vehicle is trying to stop the train. These accidents can affect the driver, passengers, and pedestrians. The causes behind these crashes vary, but the most common reason is a driver's impatience to keep up with the train. This usually involves not paying attention to warning signs, not stopping at the halting signal or not waiting until it is safe to cross.

The brakes of a car could fail or the driver could be unable to determine the speed and direction of a train approaching. These issues can be exacerbated by a blind bend an unmaintained crossing or bad weather such as snow or ice.

In the United America, there are about 250,000 railroad crossings. Over 95 percent of all train-vehicle accidents occur at these crossings. Many of these crossings are "passive" which means they don't have a gate or light and must be crossed at the driver's own risk. These crossings are far more dangerous than those with gates and lights because they provide less protection to motorists should they come into contact with trains.

The rails as well as the signals and warning devices at a railroad crossing should be properly maintained by the railroad to ensure that drivers can see the train coming or other vehicles on the road. Obstructions such as a fallen tree, trash can, or other objects left unintentionally on the track or in the area where trains will pass must be removed before the train arrives. Failure to do this can result in a fatal accident.

Train Operators

Trains are complicated machines that require skilled technicians to operate. When a train driver is not following the correct procedure, it can result in grave injury or death for the passengers on board and those who are on the track. If the train accident Case company or operator is found to be negligent, those who suffer may be entitled to compensation for medical expenses, emotional trauma and lost wages.

Train accidents are often caused due to simple human error. For instance, a driver may be unable to cross the tracks when a train is approaching because they believe they have enough enough time or they are distracted by something happening on the opposite side of the tracks. In other instances trains may slide off the rails and cause damage to nearby infrastructure or passengers.

In a lawsuit filed against a railway company, evidence of negligence may include accident and police reports as well as inspection and track maintenance records. This information will show if the company did not meet the required standards of safety and maintenance promptly, which could contribute to an accident.

Eyewitnesses are also an important source of information when determining the reason for a railroad accident. Statements and contact information of witnesses can be used to create a case against the railroad company or train operator for negligence.

A broken track or a damaged sign are two examples of physical evidence that can be gathered. These evidences can be analyzed by experts to determine how the accident occurred and who is accountable for it.

A successful claim for damages in a train accident could be significant, but there are a few hurdles. For example victims of train accidents could face claims from multiple parties such as railway operators, train operators, the company, manufacturers of faulty equipment, as well as government agencies responsible for track maintenance. It can be a challenge to determine who is accountable for the accident. This requires knowledge of personal injury law, railway regulations, and transportation law. A lawyer with extensive experience in these kinds of cases can help victims comprehend their options and ensure they receive the most compensation that they are entitled to for their loss.

Passengers

In the case of a train accident, victims can suffer serious injuries. This could result in lasting financial, emotional and physical strains. Our train accident attorneys help injured victims obtain compensation. We will determine the responsible parties for your injuries and pursue them to their fullest liability.

As common carriers, railroads have obligations to their passengers. This means that they have to provide the highest degree of safety possible to protect their passengers. Unfortunately, this does not always happen.

A collision between two trains that are passenger and a train could cause serious injuries and even death. These accidents typically result from the inability of the railway company to perform their obligations of care, or by inattention on the part of the train operator or a third participant.

A train crash may cause serious injuries to pedestrians. The force of the collision could result in broken bones, spinal cord injuries, internal organ damage, and even traumatic brain injury. Many of these accidents can be prevented by pedestrians who follow safety guidelines and use designated crossings when they are walking near 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 outline the sequence of events leading to the accident. The evidence will be used to demonstrate that the responsible party did not fulfill 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 traumas, such as post-traumatic disorder (PTSD) depression, anxiety and chronic pain. In some instances, survivors might need extensive physical therapy and ongoing rehabilitation.

Contact an experienced New Jersey personal injuries attorney immediately if you've been injured in a train accident or lost a loved on. Our attorneys have handled many complex and sensitive cases.

Property Owners

If someone is injured by a train, the company that owns the infrastructure or track may be held responsible. 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 typically done by reviewing records that reveal subpar maintenance practices, faulty repairs or inability to handle known issues. Attorneys will also seek evidence that proves the actions of the responsible party caused the accident or injuries.

Since railroad companies are commonly used transporters, they are bound by an obligation to their passengers. They offer transportation services in exchange for a charge. This means that 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 trains are safe.

Additionally, railroad companies have obligations of care to motorists and pedestrians at rail crossings. They must take reasonable precautions in light of known dangers to avoid people from being struck by trains passing by.

If the victim of a train collision is killed, the victim's family members can file a lawsuit for wrongful death against the railroad company and other parties responsible. Wrongful death claims are similar to personal injury lawsuits, and allow survivors to recover damages for past and future medical expenses, loss of income and emotional distress, in addition to 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 and other employees, the train manufacturer or any other party that designed or sold, installed, or repaired defective components that led to an accident.

Train accidents can lead to severe and debilitating injury, and victims deserve to be compensated for their loss. A personal injury lawyer can help victims receive the maximum amount of compensation to which they are entitled. Marc S. Albert Attorney at Law has offices in Astoria, Syosset and Long Island. They are dedicated to helping injured individuals throughout New York City and Long Island get the financial support they require.