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Train Accident Cases

Trains are designed to run at an optimum speed. If they exceed that speed, they could be hazardous. In many instances human error is the primary reason behind train accidents.

Proving liability in a railroad accident case can be a challenge, as several parties may be responsible for the incident. Our team can help you hold the responsible parties accountable.

Tracks and Crossings

A train crash is a devastating event that can leave many victims with severe physical injuries as well as emotional trauma. Medical expenses, loss of wages and other expenses could result from a collision between trains and vehicles or another rail accident. Individuals who have been injured by trains can bring a lawsuit against the person who is found to be responsible for the incident. Depending on the nature of the incident, train employees, railroad companies, or property owners could be held accountable.

The majority of train accidents occur at crossings, when a vehicle tries to beat the train. These accidents can involve the driver, passengers as well as other pedestrians. The causes of these crashes vary but the most frequent reason is a driver’s inability to get ahead of the train. This typically means not paying attention to the warning signs or not stopping at the halting signal or waiting until it is safe to cross.

A car’s brakes might fail or the driver may misjudge the speed of an approaching train. These problems can be compounded by an unmarked curve, a poorly marked or maintained crossing, or even bad weather like snow or ice that makes 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 trains and vehicles occur at these types of crossings. A lot of them are referred to as “passive” crossings, meaning they do not have a gate or lights, and have to be used at drivers at their own risk. These crossings are much more dangerous than crossings with lights and gates, as they offer less protection to motorists in the event of collision with a train.

Signals, rails and warning devices at a railroad cross must be properly maintained by the railroad in order to ensure that drivers are able see approaching trains or other vehicles. When a train is about to arrive, it is important to clear any obstructions that could have been left on the track. This includes a tree that has fallen, a trash container or other objects. Inability to remove them can result in a fatal crash.

Train Operators

Trains are a complex vehicle that require skilled professionals to operate. When a train driver fails to follow protocol and procedures, it could cause grave injury or death for the passengers on board and those who are on the track. If a train company or operator is found to be negligent, victims could be entitled to compensation for medical expenses as well as emotional trauma and lost wages.

Human error is frequently the main cause of train accidents. For instance, a driver could fail to cross the tracks when a train is approaching because they believe they have enough sufficient time or they are distracted by something on the other side of the tracks. In relevant website may slide off the rails and cause damage to infrastructure nearby or passengers.

In a lawsuit against a railway company, evidence of negligence may include accident and police records as well as inspection and maintenance records for track. This evidence can show that the company did not adhere to the necessary standards of safety and maintenance promptly, which could contribute to an accident.


Furthermore, evidence from eyewitnesses is a crucial source of information to determine what transpired in a railroad crash. Witness statements from those who witnessed the incident, as well as any contact information of witnesses can aid in establishing an argument for negligence against a railroad operator or a company.

A broken track or a defective sign are examples of physical evidence that can be collected. Experts can analyze these pieces of evidence to determine the root of the accident and who was responsible.

A successful claim for damages in an accident involving trains can be substantial, but there are obstacles. For example victims of accidents on trains could be liable to claims from multiple parties, including train operators, railway company, manufacturers of faulty equipment, and even government agencies responsible for maintenance of tracks. Determining who is liable for the accident can be a complicated matter and requires legal experience with personal injury law, transportation law and regulations that govern railways. A lawyer who has extensive experience in handling these kinds of cases will be able to help victims understand their options, and make sure they receive the maximum amount of compensation for their loss.

Passengers

In the event of a train crash, victims can suffer serious injuries. This can cause long-term physical, emotional, and financial difficulties. Our train accident lawyers assist those injured to recover compensation. We will identify the parties responsible and pursue their full liability for your losses.

As common carriers, railroads have a duty to their passengers. This means they must ensure the highest level of safety possible to protect their passengers. Unfortunately, this does not always occur.

A collision between a train and a passenger train can be catastrophic and cause severe injuries and sometimes death. These accidents are usually caused by the inability of the railway company to abide with their duty of care or by an act of negligence committing by the operator of the train or another third party.

pedestrians may also be seriously injured in a train crash. The force of a collision may cause broken bones as well as traumatic brain injury (TBI) as well as spinal cord injury and internal organ damage. A majority of these accidents are preventable, as pedestrians can minimize their risk by obeying important safety guidelines and utilizing designated crossings when they are walking close to tracks.

A personal injury lawyer will investigate the scene of the accident and collect evidence, such as photographs and videos, eyewitness testimony, reports on rail accidents by the National Transportation Safety Board and maintenance records of trains. These documents will outline the sequence of events that led up to the crash. The evidence will be used to prove how the responsible party violated their duty of care that resulted in injuries and losses.

Train-pedestrian accidents can be devastating to the families of the victims. Survivors can experience psychological and physical trauma, such as post-traumatic disorder (PTSD) anxiety, depression and chronic pain. In some cases, survivors may require extensive physical rehabilitation and regular therapy.

Contact an experienced New Jersey personal injuries attorney immediately if you have been injured in a train crash or if you have lost a loved one. Our lawyers have handled a variety of difficult and sensitive cases.

Property Owners

If a person is injured by a train, the train company and other entities that control railway tracks or infrastructure could be held accountable for their injuries. 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 accomplished by reviewing records which show poor maintenance, insufficient repairs, or the failure to address problems that were known to occur. The attorney will also collect evidence to prove that the actions of the responsible party directly contributed to the accident and resulting injuries.

Railroad companies owe a higher obligation to passengers than an average property owner as they are considered common carriers and provide transportation services at a cost. This means that the railroad company must take extra measures to ensure safety of passengers by ensuring that its employees are properly trained and that trains are safe.

Railroad companies also have a duty to take care of motorists and pedestrians who cross railroad tracks. They must take reasonable care, in light of the known dangers, to avoid people 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 liable. Wrongful death claims are similar to personal injury lawsuits and allow survivors to recover damages for future and past medical expenses, loss of income and emotional distress, in addition to other losses.

The lawyer will assist the client determine the parties responsible and bring claims against them. This could include the company and other employees, the manufacturer of the train or any other party who designed or sold or installed defective components that caused the accident.

Train accidents can cause severe and painful injuries, and the victims deserve full compensation for their loss. An experienced personal injury attorney can guide the victim through the process of recovering the maximum amount of monetary 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 require.