Train Accident Cases

Trains are designed to operate at an optimum speed. If they exceed that speed, it can be dangerous. Human error is often the cause of accidents involving trains.

Proving responsibility in a railroad accident case can be difficult because a variety of parties could be accountable for the accident. Our team can assist you to in bringing these companies to account.

Tracks and Crossings

A train accident can be a catastrophic event that leaves many victims suffering severe physical injuries and emotional trauma. Medical expenses along with lost wages, and other expenses may result from an accident between trains and vehicles or another rail collision. People who have been injured by trains can bring a lawsuit against the person found responsible for the incident. Depending on the type accident, train employees, railroad companies or property owners could be held liable.

The majority of train accidents occur at crossings, when vehicles attempt to beat the train. These accidents may involve the driver, passengers as well as some passersby. The reasons behind these accidents differ however the most common reason is a driver's impatience to keep up with the train. This typically means not paying attention to the warning signals and not stopping at the halting signal or not waiting until it is safe to cross.

The brakes of a car may fail, or the driver might misjudge the speed of a train approaching. These issues can be exacerbated by a blind bend an unmaintained crossing or bad weather conditions such as snow or ice.

There are about 250,000 railroad crossings across the U.S. and over 95 percent of collisions between trains and vehicles take place at these types of crossings. A lot of these crossings are "passive" which means that they don't have a gate or light, and are crossed at the driver's risk. These crossings are far more dangerous than those with gates and lights because they offer less protection to motorists if they collide with a train.

Signals, rails and other warning devices at railroad crossings must be properly maintained by the railroad in order to ensure that drivers can see the approaching trains or other vehicles. Before a train arrives it is crucial to get rid of any obstructions that might have been put on the track. This includes a fallen tree that has fallen, a trash can or other items. Failure to do so can lead to a deadly crash.

Train Operators

Trains are complex vehicles that require trained experts to operate. If a train operator fails to follow protocol and procedures, it could cause fatal injuries or even death to the passengers on board and those who are on the track. If the train 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 usually caused due to simple human error. For instance, a driver could not cross the tracks when a train is approaching because they think they have enough time or they are distracted by something that is on the opposite side of the tracks. There are other instances where trains derail from the rails, which could affect the infrastructure around them and cause severe damage to the passengers.
Railroad companies owe their passengers the duty of care because they are common carriers that offer transportation services for a charge. They must, therefore, ensure the highest degree of security to safeguard their clients. Unfortunately, this doesn't always occur.

A collision between the train carrying passengers and the train could result in serious injuries and even death. These accidents are usually caused by negligence of the railway company to meet their obligations of care, or due to negligence on the part the train operator or another party.

Pedestrians can also be severely injured in a train crash. The force of the collision can result in broken bones, spinal cord injuries and internal organ damage and traumatic brain injury. A majority of these accidents are preventable, as pedestrians can minimize their risk by obeying essential safety tips and utilizing designated crossings when walking close to tracks.

A personal injury lawyer will examine 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 maintenance records of trains. These documents will show the sequence of events leading to the accident. The evidence will be used to show how the responsible party violated their duty to care which resulted in injuries and losses.

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

If you've suffered injuries or lost loved ones in a train collision and need to speak with an experienced New Jersey personal injury attorney immediately. Our lawyers have a solid track record handling these complex and sensitive cases.

Property Owners

If a person is injured by an train, the train company and other companies that manage infrastructure or railway tracks could be liable for their injury. 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 looking at records that show subpar maintenance practices, faulty repairs or failure to properly deal with known issues. Attorneys will also seek evidence to prove that the actions of the responsible party caused the accident or injury.

Since railroad companies are common transporters, they are bound by a greater duty to their passengers. They provide transportation services in exchange for a fee. This means that the railroad must take additional steps to ensure passenger safety, such as ensuring that employees are properly trained and making sure that the trains are safe to operate.

Railroad companies also have a duty to care for motorists and pedestrians who cross railroad tracks. They must use reasonable care given the known dangers to prevent individuals from being struck by trains that pass by.

If the victim of a train accident is killed, the victim's family can file a claim for wrongful death against the railroad company as well as other parties responsible. 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 who may be liable, and help them file claims against each one of them. This could include the business and other employees and the manufacturer of the train or any other party who designed and supplied or installed defective parts which led to the accident.

Train accidents can result in serious and debilitating injuries, and the victims are entitled to be compensated for their loss. An experienced personal injury attorney can guide the victim through the process of obtaining the maximum amount of monetary compensation they are entitled to. From offices in Astoria and Syosset the lawyers at Marc S. Albert, Attorney at Law are dedicated to helping injured victims across New York City and Long Island receive the financial assistance they require.