Train Accident Cases

Trains are designed to operate at specific speeds and if they exceed the speed limit, it could be hazardous or even fatal. Human error is often the cause of accidents involving trains.

Liability in a railroad accident isn't always easy to prove, as multiple parties could be responsible. Our team can assist you in holding these firms accountable.

Tracks and Crossings

A train crash is a devastating event that can leave a number of victims with serious physical injuries and emotional trauma. It may also cause financial burdens due to medical expenses, lost income and other costs associated with an accident between a train and vehicle or a rail accidents. Victims of injuries sustained by trains can sue anyone who is found to be to be responsible for the incident. Depending on the nature of the incident train employees, railroad companies, or property owners could be held liable.

The majority of train accidents happen at crossings, as a vehicle tries to stop the train. These accidents may involve the driver, passengers and others who are passing by. These crashes can be caused by a variety of causes but the most common cause is the driver's irritability when trying to catch up of a train. This is mostly because drivers aren't paying attention to warning signs, not stopping when the signal tells them to stop, or waiting for it to be safe to cross.

The brakes on 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, a poorly maintained crossing, or bad weather like snow or ice.

In the United States, there are approximately 250,000 railroad crossings. Over 95 percent of qualified train collision law firm-related accidents occur at these crossings. Many of these crossings are "passive" which means they do not have a gate or light, and are traversed at the driver's own risk. These crossings are more risky than those with gates and lights, as they are much less protective to motorists in the case of collision with a train.

The rails as well as the signals and warning devices at a railroad crossing should be properly maintained by the railroad in order to ensure that drivers can see the approaching train or other vehicles on the road. Obstructions like a fallen tree, trash can or other objects that are accidentally left on the track or at the site where trains are expected to pass must be removed prior to when a train arrives. Inability to remove them can cause a fatal crash.

Train Operators

Trains are a complex vehicle that require trained professionals to operate. When a train driver 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. When the actions of a train operator or company are considered negligent the victims may seek compensation to cover the cost of medical bills, emotional trauma and lost wages.

Human error is often the main cause of train accidents. For example, a driver might be unable to cross the tracks when a train is approaching because they believe they have enough sufficient time or they are distracted by something that is on the other side of the tracks. Some instances involve trains slipping from the rails, which could damage the infrastructure around them and cause severe damage to passengers.

In a lawsuit against a railway firm the evidence of negligence may include accident and police reports, as in addition to maintenance and inspection reports on the track and train. This evidence can show that the company was not able to meet the required standards of safety and maintenance in a timely manner which could lead to an accident.

Evidence from eyewitnesses is a crucial source of information to determine what transpired in a railroad crash. Statements from people who witnessed the incident, as well as any contact information for witnesses can be used to build a case for negligence against a train operator or company.

Another crucial evidence piece to collect is any physical objects that caused the accident, like an unfinished track or faulty signal. These pieces of evidence can be analyzed by experts to determine the reason the accident happened and who is responsible for the incident.

A successful claim for damages in an accident on the train can be substantial, however there are a few hurdles. The victims of accidents on trains could be faced with many claims, including those of the train operator as well as the railway company, and the manufacturers of defective equipment. They could also be confronted by the government agencies that are accountable for maintenance of the track. The process of determining who is responsible for the accident could be complicated and requires legal experience with personal injury law, transportation law and regulations that govern railways. A lawyer who has extensive experience in handling these types of cases will be able to assist victims to understand their options, and make sure they receive the maximum amount of compensation for their losses.

Passengers

In the case of a train accident victims may suffer serious injuries. This could cause lasting financial, emotional and physical strains. Our train accident lawyers assist injured victims receive compensation. We will determine the parties responsible and seek their full responsibility for your losses.

As common carriers, railroads have a duty to their passengers. This means that they have to provide the highest degree of security to safeguard their passengers. Unfortunately, this isn't always the case.

A collision between a train and a passenger train can be a disaster, resulting in severe injuries and sometimes even death. These accidents are often caused by the failure of the best railway accident lawyers company to abide with their duty of care or by a lapse of negligence committing by the operator of the train or another 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 damage and internal organ damage. Many of these accidents can be prevented by pedestrians who follow safety tips and use designated crossings every time they are walking near tracks.

In addition to investigating the scene of the train accident a personal injury lawyer will collect evidence such as photographs and videos, eyewitness testimonies and reports on rail accidents from the National Transportation Safety Board, maintenance records for trains and other documents that demonstrate the sequence of events that led to the accident. The evidence will be used to demonstrate the way in which the responsible party acted against their duty of care that resulted in injuries and losses.

Train-pedestrian collisions can be catastrophic for those who are involved as well as their families. Survivors can experience psychological and physical traumas including post-traumatic disorder (PTSD), depression, anxiety, and chronic pain. In certain cases, survivors may require extensive physical rehabilitation and regular therapy.

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

Property Owners

If a person is injured by a railroad train or infrastructure, the company who owns the infrastructure or track could be held accountable. Proving negligence requires establishing that the person responsible for the incident violated their duty to exercise reasonable care in keeping with safety standards and procedures. This is usually done by reviewing the records that show substandard maintenance, insufficient repairs, or failure to handle problems that were known to occur. The attorney will also gather evidence to prove that the actions of the responsible party directly contributed to the accident and subsequent injuries.

Railroad companies have a higher obligation to passengers than an average property owner because they are considered common carriers and provide transportation services at a cost. This means that the railroad must take additional steps to ensure passengers' safety, including ensuring employees are properly trained and making sure the trains are safe to operate.

Railroad companies also have a duty to take care of motorists and pedestrians who cross railroad injury attorneys tracks. They must take reasonable care given the known dangers to prevent individuals from being struck by passing trains.

If a victim of a train collision is killed, the victim's family can file a claim for wrongful death against the railroad company and other parties responsible. Wrongful death claims are similar to personal injury lawsuits and allow the 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 that might be liable and help them file claims against each of them. This could include the train company, 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 cause serious and severe injuries, and victims are entitled to full compensation for their injuries. A personal injury lawyer can assist victims in receiving the most compensation to which 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 get the financial resources they require.