Train Accident Cases

Trains are designed for a certain speed. If they exceed that speed, they could be hazardous. In many cases, human error is the reason behind train accidents.

The process of proving the responsibility in a railroad accident case can be complex because a variety of parties could be accountable for the accident. Our team can help hold these companies accountable.

Tracks and Crossings

A train accident can be a devastating event that leaves many victims suffering severe physical injuries and emotional trauma. Medical expenses, lost wages and other costs could result from a collision between the train and a car or another rail accident. Individuals who are harmed by trains could file a lawsuit against any person or entity found to be liable for the incident. Depending on the type accident railroad employees, train companies or property owners could be held accountable.

The majority of train accidents happen at crossings, where the vehicle attempts to beat the train. These accidents can be caused by the driver, passengers and some passersby. The causes behind these crashes vary but the most frequent reason is a driver's inability to keep up with the train. This is usually due to not paying attention to the warning signs or not stopping at the halting signal, or waiting until it is safe to cross.

The brakes of a vehicle may fail or the driver could misjudge the speed and direction of a train that is approaching. These issues can be exacerbated by a blind curve as well as a poorly-marked or maintained crossing, or bad weather conditions like snow or ice that make it difficult to see and drive safely.

There are around 250,000 railroad crossings in the U.S. and over 95 percent of collisions between train vehicles occur at these kinds of crossings. Many of these crossings are "passive" which means that they do not have a gate or light and must be crossed at the driver's risk. These crossings are more dangerous than those that have lights and gates, as they are less secure to motorists in the event of collision with trains.

Signals, rails and warning devices at railroad crossings 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. When a train is about to arrive, it is important to get rid of any obstructions that could have been placed on the track. This includes a fallen tree that has fallen, a trash container or other objects. Failure to do so can result in a fatal crash.

Train Operators

Trains are intricate machines that require professionals to operate. When a train driver is not following the correct procedure this could result in serious injury or death to passengers and others on the track. If the train company or operator is found to be negligent, those who suffer could be entitled to compensation for medical expenses as well as emotional trauma and lost wages.

Human error is frequently the cause of train accidents. Drivers may not be able to walk across the tracks as the train is approaching because they thin and ensure they receive the most compensation that they are entitled to for their losses.

Passengers

If a train accident happens the victims could suffer severe injuries. This could cause long-term physical, emotional, and financial difficulties. Our train accident attorneys help injured victims receive 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. They are therefore required to provide the highest possible level of security for their customers. Unfortunately, this doesn't always occur.

A collision between the train and a passengers train could be catastrophic that can result in serious injuries, and sometimes death. These accidents are usually caused by the inability of the railway company to perform their duty of care or by inattention on the part of the train operator or other party.

A train crash may cause serious injuries to pedestrians. The force of a collision may result in broken bones as well as traumatic brain injury (TBI), spinal cord damage, and internal organ damage. A majority of these accidents are avoidable, since pedestrians can reduce their risk by following essential safety tips and utilizing designated crossings when walking close to tracks.

In addition, to investigate the location of the train accident, an attorney for personal injuries will also gather evidence like photographs and videos, eyewitness accounts and reports on rail accidents 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 then be used to prove that the responsible party breached their duty of care and caused your injuries and losses.

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

If you've suffered injuries or lost someone you love in a train accident and need to speak with an experienced New Jersey personal injury attorney immediately. Our lawyers have handled a variety of complex and sensitive cases.

Property Owners

If a person is injured by a train the train company as well as other companies that manage railway tracks or infrastructure could be liable for their injury. Proving negligence requires establishing that the responsible party violated their duty to take reasonable care in accordance with safety standards and procedures. This is typically done by looking at records that show subpar maintenance practices, inadequate repairs or inability to deal with known issues. The attorney will also collect evidence demonstrating that the responsible party's actions directly caused the accident and subsequent injuries.

Railroad companies owe a greater duty to passengers than the average property owner since they are considered common carriers and offer transportation services for a fee. This means that the railroad must take additional steps to ensure passengers' safety, such as ensuring that employees are properly trained and ensuring the trains are safe for operation.

Furthermore, railroad companies have obligation of care for motorists and pedestrians who cross rail crossings. They must exercise reasonable care, in light of the dangers they know about, to avoid people being hit by trains passing by.

If the victim of a train accident is killed, their family 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 the survivors to recover damages for future and past medical costs loss of income, emotional distress, in addition to other losses.

The lawyer will help the client determine all parties who might be liable and make claims against them. This could include the train company and other workers as well as the manufacturer of the train or any other person who designed or sold, installed, or repaired defective components which caused an accident.

Train accidents can cause serious and debilitating injuries, and the victims are entitled to full compensation for their losses. An attorney for personal injury can assist victims to receive the most compensation to which they are entitled. 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 get the financial resources they need.