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Train Accident Cases

Trains are designed to operate at certain speeds and if they exceed those speeds, it can be dangerous or even deadly. Human error is usually the reason for accidents involving trains.

Liability in a railroad accident 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 accident is a tragic incident that can leave many victims with serious physical injuries and emotional trauma. Medical expenses, lost wages and other costs may result from the collision of the train and a car or another rail collision. People who suffer injuries from trains may bring a lawsuit against any person or entity that is found to be liable for the incident. Based on the nature of the accident train employees, railroad companies or property owners could be held liable.

The majority of train accidents happen at crossings, when a vehicle tries to stop the train. These accidents can include the driver, passengers as well as others who are passing by. The causes behind these crashes vary, but the most common reason is a driver's impatience to catch up with the train. This is mostly because drivers aren't paying attention to warning signals and not stopping when the signal is to stop, or waiting for it to be safe to cross.

The brakes of a car may fail or the driver could misjudge the speed of a train that is approaching. These issues can be made worse by a blind curve or a poorly marked or maintained crossing, or bad weather conditions like snow or ice that makes it difficult to see and drive safely.

There are about 250,000 railroad crossings in the U.S. and over 95 percent of collisions between train vehicles 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 traversed at the driver's own risk. These crossings are more dangerous than those that have lights and gates because they offer less protection to motorists if they collide with trains.

Signals, rails and 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 approaching trains or other vehicles. Obstructions like a fallen tree, trash can or other objects that are accidentally left on the track or in the area where trains will pass must be removed before a train arrives. Failure to do so can result in a fatal crash.

Train Operators

Trains are highly complex vehicles that require trained professionals to operate. If the train operator does not follow protocols, it can cause serious injuries or death to those aboard and those on the tracks. When the actions of the train operator or company are considered negligent the victims may seek compensation for emotional trauma, medical expenses, and lost wages.

Train accidents are usually caused by simple human error. For example, a driver might fail to cross the tracks when a train is approaching because they think they have time to do so or they are distracted by something happening on the other side of the tracks. In other cases trains could derail from the rails and cause damage to infrastructure nearby or passengers.

In a lawsuit against a railway firm the evidence of negligence could include accident and police reports as in addition to inspection and maintenance records on the tracks and train. This information can demonstrate whether the company did not meet the standards for safety and maintenance in a timely manner which could lead to an accident.

Additionally, evidence from eyewitnesses can be a valuable source to determine what actually transpired in a railroad crash. Statements and contact information of witnesses can be used to build an argument against the railroad company or train operator for negligence.

Another crucial element of evidence to collect is any physical objects that contributed to the accident, such as damaged tracks or a faulty signal. These evidences can be analyzed by experts to discover how the accident happened and who is responsible for it.

A successful train accident claim could result in substantial damage, but it's not without its difficulties. For example victims of train accidents could face claims from multiple parties such as railway operators, train operators, the company, the manufacturer of defective equipment, as well as government agencies accountable for maintenance of track. Determining who is liable for the accident can be difficult 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 comprehend their options and ensure they get the most money possible for their loss.

Passengers

In the event of a train crash victims could suffer serious injuries. This could cause long-term emotional, physical, and financial strain. Our train accident lawyers aid victims of injuries to seek compensation. We will identify the parties responsible for your injuries and seek to pursue them to the maximum extent of their 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 sometimes even death. These accidents are usually 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 parties.

Pedestrians can also be severely injured in a train crash. The force of a collision may result in broken bones as well as traumatic brain injury (TBI) and spinal cord injury, and internal organ damage. Many of these accidents can be prevented by pedestrians who follow safety tips and use designated crossings when they cross tracks.

A personal injury lawyer will investigate the scene of the accident and collect evidence, including photos and videos eyewitness testimony, reports of rail accidents by the National Transportation Safety Board and train maintenance records. These documents will reveal the sequence of events leading up to the crash. The evidence will be used to demonstrate how the person responsible for the accident did not fulfill their duty of care and caused your injuries and losses.

Train-pedestrian accidents can be catastrophic for the victims and their families. Survivors may experience emotional and physical trauma, including post-traumatic stress disorder (PTSD) anxiety, depression, and chronic pain. In some cases, survivors may require extensive physical rehabilitation and ongoing therapy.

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

Property Owners

If a person is injured by trains, the train company and other entities that own railway tracks or infrastructure could be held accountable for their injuries. The proof of negligence is based on proving that the person responsible for the incident violated their duty to exercise reasonable care in keeping with safety standards and procedures. This is typically done by examining records showing substandard maintenance practices, inadequate repairs or failure to properly deal with known issues. The attorney will also collect evidence to prove that the responsible party's actions directly caused the accident and injuries that resulted.

Because railroad companies are common carriers, they have an obligation to their passengers. They offer transportation services in exchange for a fee. This means that the railroad must take additional steps to ensure passengers' security, including making sure employees are properly trained and making sure that the trains are safe for operation.

Railroad companies also have a responsibility to protect pedestrians and motorists crossing railroad tracks. They must take reasonable care given the known dangers to avoid people from being struck by trains that pass by.

If someone who is a victim of a train crash is killed, the victim's family members 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 allow survivors to recover damages for past and future medical expenses, loss of income and emotional distress, in addition to other losses.

The lawyer will help the client determine all parties who might be liable and file claims against 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 or sold, installed or repaired defective parts that led to an accident.

Train accidents can result in severe and debilitating injuries and the victims should 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 receive. From offices in Astoria and Syosset The attorneys at Marc S. Albert, Attorney at Law are dedicated to helping injured victims throughout New York City and Long Island receive the financial assistance they need.