Train Accident Cases

Trains are designed to run at a certain speed. If they exceed that speed, they can be dangerous. In many cases human error is the primary cause of train accidents.

Proving responsibility in a railroad accident case can be complex, as several parties may be responsible for the incident. Our team can assist you to make sure that these companies are held accountable.

Tracks and Crossings

A train crash can be a catastrophic event that leaves many victims with serious physical injuries as well as emotional trauma. It may also cause financial burdens due to medical expenses, loss of income and other costs associated with the collision between a train and a vehicle or another rail accidents. Individuals who are harmed by trains could file a lawsuit against any person or entity found to be responsible for the incident. Based on the nature of the accident, those who might be liable include employees as well as railroad companies, property owners, or others accountable for the maintenance of tracks and crossings.

The majority of train accidents happen at crossings, when a vehicle tries to stop the train. These accidents can be caused by the driver, passengers, and other pedestrians. The causes of these crashes differ however the most common reason is the driver's inability to get ahead of the train. This typically means not paying attention to warning signs and not stopping at the stop signal or not waiting until it is safe to cross.

The brakes of a car may fail or the driver could not be aware of the speed of an approaching train. These problems can be compounded by blind curves, a poorly marked or maintained crossing or bad weather such as snow or ice which makes it difficult to see and drive safely.

There are around 250,000 railroad crossings across the U.S. and over 95 percent of collisions between train vehicles take place at these types of crossings. A lot of these crossings are "passive", meaning that they don't have gates or light and are traversed at the driver's own risk. These crossings are more dangerous than crossings with gates and lights, as they offer less protection to motorists in the case of a collision with a train.

Signals, rails and other warning devices at railroad crossings must be properly maintained by the railroad to ensure that drivers can see the approaching trains or other cars. Obstructions like a fallen tree, trash can or other objects that are accidentally left on the track or in the area where trains are expected to pass must be removed prior to when a train arrives. In the absence of this, it could lead to a deadly accident.

Train Operators

Trains are complex vehicles that require trained professionals to operate. If a train operator is not following the correct procedure, it can result in fatal injuries or even death to those aboard and those 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.

Train accidents are often caused by simple human error. For example, a driver might fail to cross the tracks when a train is coming because they believe they have enough enough time or they are distracted by something happening on the opposite side of the tracks. There are other instances where trains derail from the rails, which could impact nearby infrastructure and cause significant damage to passengers.

In a lawsuit against a railway company, evidence of negligence can include police and accident reports as well as maintenance and inspection reports on the train and tracks. This evidence can show that a company failed to meet the standards for safety and maintenance in a timely manner, which could contribute to an accident.

Eyewitnesses are also a valuable source of information when trying to determine the root of an accident. Statements and contact information of witnesses can be used to establish a case against railroad companies or train operator for negligence.

A damaged track or damaged sign are two examples of evidence from nature that can be gathered. These evidences can be examined by experts to determine the reason the accident happened and who was responsible for the incident.

A successful train accident claim can result in substantial damage, but it's not without challenges. For instance victims of train accidents could have to contend with claims from a variety of parties, including train operators, railway company, the manufacturers of faulty equipment, as well as government agencies accountable for maintenance of track. Determining who is accountable for the incident can be complicated and requires experience in legal matters such as personal injury law, transportation law, and regulations that govern railways. An attorney with years of experience in these cases can help victims understand their options and ensure that they receive the most compensation possible for their losses.

Passengers

When a train accident occurs, victims may suffer serious injuries. This could result in long-term emotional, financial, and physical hardships. Our train accident lawyers help injured victims obtain compensation. We will determine the parties responsible for your injuries and seek to pursue them to the maximum extent of their liability.

Railroad companies owe passengers an obligation of care since they are common carriers who provide transportation services for a fee. This means that they have to provide the highest degree of security that is possible to protect their passengers. Unfortunately, this isn't always the situation.

A collision between two trains that are passenger and a train could result in grave injuries or even death. These incidents are usually caused by inability of the railway company to perform their obligation of care or due to negligence on the part of the train operator or a third participant.

A train crash can cause serious injuries to pedestrians. The force of the collision can cause broken bones, spinal cord injuries, internal organ damage, and even traumatic brain injuries. A majority of these accidents are avoidable, since pedestrians can minimize their risk by obeying important safety guidelines and utilizing designated crossings when they are walking near the tracks.

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

Train-pedestrian collisions can be devastating for the victims and their families. Victims can suffer physical and emotional trauma, such as post-traumatic stress disorder (PTSD) anxiety, depression, and chronic pain. In some cases survivors may require extensive physical therapy and ongoing rehabilitation.

If you have been injured or lost someone you love in a train collision, contact an experienced New Jersey personal injury attorney immediately. Our attorneys have handled many difficult and sensitive cases.

Property Owners

If a person is injured by an train the train company as well as other entities that own railway track or infrastructure may be held accountable for their injuries. To prove negligence, it's necessary to prove that the person responsible was unable 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 failure to deal with known issues. Attorneys will also seek evidence to prove that the responsible party's actions led to the injury or accident.

Since railroad companies are common carriers, they have a greater duty to their passengers. They offer transportation services in exchange for a fee. This means that the railroad company has to take extra steps to ensure safety of passengers, such as ensuring that its employees are properly trained and that trains are safe.

Additionally, railroad companies have a duty of care to pedestrians and motorists at rail crossings. They must exercise reasonable care in light of the known dangers to prevent individuals from being struck by passing trains.

If the victim of a train collision is killed, their family members can file a lawsuit for wrongful death against the railroad company and other parties liable. Wrongful death claims are similar to personal injury lawsuits and permit survivors to seek damages for future and past medical expenses, loss of income and emotional distress, in addition to other losses.

The lawyer assists the client in identifying the parties that could be responsible, and help them file claims against each of them. This could include the company as well as other employees as well as the manufacturer of the train, or any party that developed, sold or installed defective parts which led to the accident.

Train accidents can result in severe and painful injuries, and the victims deserve full compensation for their injuries. A skilled personal injury lawyer will guide the victim through the process of recovering the maximum amount of compensation they are entitled to. From offices in Astoria and Syosset the lawyers at Marc S. Albert, Attorney at Law are committed to helping injured victims across New York City and Long Island obtain the financial support they require.