train accident cases (click to investigate)

Trains are designed to operate at specific speeds, and if they exceed the speed limit, it could be dangerous or even deadly. In many instances, human error is the reason for train accidents.

The liability in a railroad crash isn't always easy to prove, as multiple parties may be at fault. Our team can help you hold these companies accountable.

Tracks and Crossings

A train crash is a devastating event that can result in many victims suffering severe physical injuries as well as emotional trauma. Medical expenses as well as loss of wages and other expenses can result from a collision between the train and a car or another rail accident. Victims of injuries caused by trains could file a lawsuit against any person or entity that is found to be 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, where vehicles attempt to stop the train. These accidents can affect the driver, passengers and passersby. These accidents are caused by a variety of factors, but the main cause is the driver's impatience when trying to catch up of a train. This is typically due to drivers not paying attention to warning signs, not stopping when the signal says to stop or not waiting for it to be safe to cross.

The brakes on a car could fail or the driver may mistakenly judge the speed of an approaching train. These issues can be exacerbated by a blind bend an unsafe crossing or bad weather conditions such as snow or ice.

In the United America, there are around 250,000 railroad crossings. More than 95 percent of all train vehicle accidents happen at these crossings. Many of these crossings are "passive" which means they don't have gates or light and must be crossed at the driver's risk. These crossings are much more dangerous than crossings with gates and lights, as they are much less protective for motorists in the event of collision with trains.

The rails as well as the signals and warning devices at a railroad crossing must be maintained properly by the railroad to ensure that drivers can see the approaching train or other cars on the road. Obstructions such as a fallen tree, trash can, or other items left inadvertently on the track or at the site where trains will pass must be removed before the train arrives. If they don't, it could cause a fatal accident.

Train Operators

Trains are highly complex vehicles that require skilled professionals to operate. If a train operator is not following the correct procedure this could result in fatal injuries or even death to those aboard and those on the track. When the actions of the train operator or company are deemed to be negligent, victims can pursue compensation to cover emotional trauma, medical expenses, and lost wages.

Human error is frequently the 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 that is on the opposite side of the tracks. In other instances, trains can derail from the rails and cause damage to the infrastructure around or even passengers.

In a lawsuit against a railway company the evidence of negligence may include accident and police reports as in addition to inspection and maintenance records on the tracks and train. This evidence can be used to determine if a company has not met the safety and maintenance requirements in a timely fashion and could have contributed to an accident.

Additionally, evidence from eyewitnesses can be a valuable source of information to determine what transpired in a railroad crash. The statements and contact details of witnesses can be used to establish a case against a railroad company or train operator for negligence.

Another important element of evidence to collect is any physical objects that contributed to the accident, like an unfinished track or defective signal. These pieces of evidence can be analyzed by experts to discover how the accident occurred and who is responsible for the incident.

A successful claim for damages in an accident on the train could be significant, but there are challenges. For instance victims of train accidents could face claims from multiple parties such as train operators, the railway company, manufacturers of faulty equipment, and even government agencies responsible for maintenance of tracks. Determining who is liable for the incident can be complicated 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 assist victims in understanding their options and ensure they receive the highest amount of compensation for their loss.

Passengers

In the event of a train collision victims may suffer serious injuries. This can cause long-term emotional, physical, and financial hardships. Our train accident lawyers assist injured victims receive compensation. We will determine the responsible parties for your injuries and seek to pursue them to the maximum extent of their liability.

As common carriers, railroads have an obligation to their passengers. They must therefore ensure the highest possible level of security for their customers. Unfortunately, this does not always happen.

A collision between a passenger train and a train could cause serious injuries and even death. These incidents typically result from the inability of the railway company to perform their obligation of care or due to inattention on the part of the train operator or other person.

Pedestrians can also be severely injured in a train crash. The force of the collision could result in broken bones, spinal cord damage internal organ damage and traumatic brain injury. Many of these accidents could be avoided by pedestrians who adhere to safety tips and use designated crossings whenever they cross tracks.

In addition to investigating the scene of the train crash, a personal injury lawyer will gather evidence, such as photographs and videos, eyewitness accounts and reports on rail accidents from the National Transportation Safety Board, maintenance records for trains and other documents that show the sequence of events that led to the accident. The evidence will 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 the victims. Victims may suffer physical and psychological trauma including post-traumatic disorder (PTSD) depression, anxiety and chronic pain. In some instances, survivors might require extensive physical therapy as well as ongoing rehabilitation.

If you've been injured or lost a loved one in a train crash, contact an experienced New Jersey personal injury attorney immediately. Our attorneys have handled a number of complex and sensitive cases.

Property Owners

If someone is injured by an train, the train company and other entities that own railway tracks or infrastructure could be held responsible for the injuries. To establish negligence, it is necessary to establish that the responsible party failed to exercise reasonable care according the safety guidelines and procedures. This is typically done by reviewing records that reveal subpar maintenance practices, faulty repairs, or failure to handle known issues. The attorney will also gather evidence that proves the responsible party's actions caused the accident or injury.

Because railroad companies are common transporters, they are bound by more responsibility to their passengers. They provide transportation services in exchange for a fee. This means the railroad company must take extra measures to ensure safety of passengers, such as making sure that employees are properly trained and that the trains are secure.

Additionally, railroad companies have a duty of care to pedestrians and motorists at rail crossings. They must exercise reasonable care, based on the risks that are known to prevent people from being struck by trains that pass by.

If the victim of a train collision is killed, their family can file a claim for wrongful death against the railroad company and other parties responsible. These claims are similar to other personal injury lawsuits and permit survivors to claim damages related to their medical expenses, loss of income, emotional distress and other losses.

The lawyer will help the client identify the parties liable and bring claims against them. This could include the train company and other employees as well as the manufacturer of the train or any party who designed or sold, installed or repaired defective components that led to an accident.

Train accidents can result in severe and debilitating injuries, and the victims are entitled to full compensation for their losses. An experienced personal injury attorney will guide the victim through the process of recovering the maximum amount of monetary compensation they are entitled to receive. Marc S. Albert Attorney at Law has offices in Astoria, Syosset and Long Island. They are dedicated to helping injured people throughout New York City and Long Island find the financial assistance they require.