Train Accident Cases

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

The liability in a railroad crash isn't easy to prove since many parties may be at fault. Our team can help you make sure that these companies are held accountable.

Tracks and Crossings

A train accident could be a devastating event that leaves many victims suffering serious physical injuries as well as emotional trauma. It could also cause financial burdens resulting from medical expenses, lost income, and other expenses resulting from an accident between a train and vehicle or a rail accident. Victims of injuries caused by trains could file a lawsuit against anyone or any entity that is found to be liable for the incident. Depending on the type of incident, those who could be liable could include train employees, railroad companies, property owners or those accountable for the maintenance of tracks and crossings.

The majority of train accidents happen at crossings, where vehicles attempt to beat the train. These accidents may involve the driver, passengers as well as others who are passing by. These crashes are caused by a variety of causes however the primary reason is the driver's inattention when trying to get ahead of the train. This is usually due to not paying attention to warning signals or not stopping at the stop signal or not waiting until it is safe to cross.

The brakes on a car may fail or the driver could be unable to determine the speed and direction of trains that are approaching. These problems can be compounded by an unmarked curve, a poorly marked or maintained crossing, or even bad weather such as snow or ice that make it difficult to see and drive safely.

There are around 250,000 railroad crossings across the U.S. and over 95 percent of train-vehicle collisions take place at these types of crossings. A lot of them are referred to as "passive" crossings, which means they do not have a gate or lights and must be traversed at drivers at their own risk. These crossings are much more risky than those with gates and lights because they provide less protection to motorists if they collide 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 a driver can see the train coming or other cars on the road. Obstructions such as a fallen tree, trash can, or other objects that are accidentally left on the track or at the site where a train accident attorney California will pass must be removed prior to when the train arrives. Failure to do so can lead to a deadly crash.

Train Operators

Trains are intricate machines that require skilled technicians to operate. If a train operator fails to follow protocol 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 considered negligent the victims can seek compensation to cover emotional trace in these cases can help victims understand their options and ensure they receive the maximum compensation they can for their losses.

Passengers

When a train accident occurs the victims could suffer severe injuries. This could cause lasting emotional, physical and financial strain. Our train accident lawyers assist victims of injuries to seek compensation. We will determine the parties responsible for your injuries and pursue them to their fullest liability.

As common carriers, railroad companies have obligations to their passengers. They are therefore required to provide the highest degree of security for their clients. Unfortunately, this doesn't always happen.

A collision between a passenger train and a train could cause serious injuries, and sometimes even death. These accidents are often caused by the failure of the railway company's compliance with their duty of care, or by a lapse of negligence committing by the train's operator or other parties.

pedestrians may also be seriously injured by a train accident. The force of the collision can cause broken bones, spinal cord injury internal organ damage and even traumatic brain injuries. Many of these accidents can be prevented by pedestrians who adhere to safety guidelines and use designated crossings every time they cross tracks.

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

Train-pedestrian collisions can be devastating for those who are involved as well as their families. The survivors can suffer physical and psychological trauma, such as post-traumatic disorder (PTSD) anxiety, depression and chronic pain. In some instances, survivors might need extensive physical therapy and ongoing rehabilitation.

If you have suffered injuries or lost a loved one in a train crash get in touch with a seasoned New Jersey personal injury attorney immediately. Our lawyers have a solid experience in handling these complicated and sensitive cases.

Property Owners

If a person is injured by trains or train, the company that operates the train and other entities that own railway track or infrastructure may be held accountable for their injuries. To establish negligence, it is necessary to prove that the party responsible failed to take reasonable care in accordance with to safety standards and procedures. This is usually done by reviewing the records that reveal poor maintenance, inadequate repairs or the failure to address problems that were known to occur. The attorney will also gather evidence to prove that the responsible party's actions led to the injury or accident.

Railroad companies have a higher duty to passengers than the average property owner since they are considered common carriers and offer transportation services for a charge. This means that the railroad must take extra measures to ensure passenger's safety, such as making sure that employees are properly trained and the trains are safe.

Furthermore, railroad companies have obligation of care for pedestrians and motorists at rail crossings. They must take reasonable care, in light of the risks that are known to prevent people from being hit by passing trains.

If a victim of a train crash is killed, the family may bring a wrongful-death claim against the railroad company, or other liable parties. Wrongful death claims are similar to other personal injury lawsuits and permit survivors to claim damages arising from their past and future medical expenses, loss of income emotional distress and other losses.

The lawyer will assist the client determine the parties responsible and make claims against them. This could include the train company, other employees and the train manufacturer, or any party who designed or sold, installed, or repaired defective parts which caused an accident.

Train accidents can lead to serious and debilitating injuries, and victims deserve to be compensated for their losses. A skilled personal injury lawyer can assist the victim through the process of obtaining the maximum amount of monetary compensation they are entitled to. Marc S. Albert Attorney at Law has offices in Astoria, Syosset and Long Island. They are committed to helping injured people across New York City and Long Island obtain the financial resources they require.