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Train Accident Cases Trains are designed to operate at certain speeds, and if they exceed the speed limit, it could be dangerous or deadly. Human error is usually the cause of accidents involving trains. Liability in a railroad accident isn't easy to prove since many parties could be responsible. Our team can help in bringing these companies to account. Tracks and Crossings A train accident is a devastating event that can result in many victims suffering severe physical injuries and emotional trauma. It could also cause financial burdens resulting from medical expenses, loss of income and other expenses resulting from an accident between a train and vehicle or a rail accidents. Victims of injuries caused by trains may file a suit against any person or entity found to be liable for the incident. Based on the nature of the accident, train employees, railroad companies, or property owners could be held accountable. The majority of train accidents happen at crossings when a vehicle is trying to outrun the train. These accidents can impact the driver, passengers and even pedestrians. The reasons behind these accidents vary however the most common reason is a driver's inability to keep up with the train. This is usually due to not paying attention to the warning signals or 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 might misjudge the speed and direction of a train approaching. These issues can be made worse by blind curves as well as a poorly-marked or maintained crossing or bad weather conditions like snow or ice that make it difficult to see and safely drive. In the United America, there are about 250,000 railroad crossings. More than 95 percent of train-related accidents happen at these crossings. A lot of them are referred to as “passive” crossings, which means they do not have a gate or lights, and have to be traversed at drivers at their own risk. These crossings are more risky than those with lights and gates, as they are less secure for motorists in the event of collision with a train. Rails, signals and warnings devices at railroad crossings must be maintained properly by the railroad to ensure that drivers can see the approaching trains or other vehicles. Before a train arrives, it is important to clear any obstructions that might be placed on the track. This includes a fallen tree that has fallen, a trash bin or other items. If they don't, it could result in a fatal accident. Train Operators Trains are complex vehicles that require trained experts to operate. If a train operator fails to adhere to the rules, it could cause serious injury or even death to those aboard and on the tracks. If a train company or operator is found to be negligent, victims may be entitled to compensation for medical bills emotional trauma, as well as lost wages. Train accidents are often caused due to simple human error. 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. There are other instances where trains derail from the rails, which can affect nearby infrastructure and cause significant damage to the passengers. In a lawsuit against a railway company, evidence of negligence can include police and accident reports, as along with maintenance and inspection reports on the train and tracks. This evidence can show that a company failed to adhere to the necessary standards of safety and maintenance in a timely manner which could lead to an accident. Furthermore, evidence from eyewitnesses can be a valuable source for determining what transpired in a railroad crash. Statements and contact information of witnesses can be used to create a case against a railroad company or train operator for negligence. Another important piece of evidence to gather is any physical objects that were involved in the accident, such as a broken track or a faulty signal. These pieces of evidence can be examined by experts to determine how the accident happened and who is accountable for it. A successful claim against a train accident can result in substantial damage, but it's not without its difficulties. The victims of accidents on trains could be faced with multiple claims, including those from the train operator as well as the railway company and the makers of defective equipment. They could also be confronted by authorities accountable for maintenance of the track. Determining who is liable for the accident could be a complicated matter and requires expertise in personal injury law, transportation law and regulations that govern railways. A lawyer with vast experience handling these types of cases will be able help victims understand their options and ensure they receive the maximum compensation for their loss. Passengers In the event of a train crash the victims could suffer severe injuries. This could cause lasting financial, emotional physical and mental hardships. Our train accident lawyers aid those injured to recover compensation. Keep Reading will identify the parties responsible for your injuries and seek to pursue them to the maximum extent of their liability. Railroad companies owe their passengers a duty of care, as they are common carriers that offer transportation services for a charge. They are therefore required to provide the highest possible level of security to safeguard their clients. Unfortunately, this is not always the case. A collision between a passenger train and a train could result in grave injuries or even death. These incidents are usually caused by the failure by the railway company to fulfill their duty of care or due to inattention on the part of the train operator or a third person. A train accident can also cause serious injuries to pedestrians. The force of a collision can result in broken bones, traumatic brain injury (TBI) as well as spinal cord damage and internal organ damage. Many of these accidents could be avoided by pedestrians who observe safety tips and use designated crossings when they walk near tracks. A personal injury lawyer will look into the scene of the accident and gather evidence, such as photos and videos eyewitness testimony, reports of rail accidents by the National Transportation Safety Board and train maintenance records. These documents will reveal the sequence of events leading up to the crash. The evidence will then be used to prove that the responsible party violated their duty of care which resulted in your injuries and losses. Train-pedestrian collisions can be catastrophic for those involved and their families. Survivors can experience physical and psychological trauma including post-traumatic disorder (PTSD) depression, anxiety and chronic pain. In certain cases, survivors may require extensive physical therapy and ongoing rehabilitation. Contact an experienced New Jersey personal injuries attorney immediately if you've been injured in a train crash or if you've lost a loved one. Our attorneys have handled many complex and sensitive cases. Property Owners If someone is injured by a train or infrastructure, the company who owns the track or infrastructure may be held responsible. To prove negligence, it is necessary to prove that the responsible party failed to exercise reasonable care based on the safety guidelines and procedures. This is usually done by reviewing the records that reveal poor maintenance, inadequate repairs, or failure to handle known issues. The attorney will also collect evidence that proves that the responsible party's actions directly contributed to the accident and injuries that resulted. Railroad companies owe a greater obligation to passengers than an average property owner because they are considered to be common carriers that provide transportation services at a cost. This means that the railroad must take additional steps to ensure passenger safety, such as ensuring that employees are properly trained and ensuring the trains are safe to operate. Additionally, railroad companies have obligation of care for motorists and pedestrians at rail crossings. They must take reasonable care, based on the known dangers, to ensure that people are not hit by passing trains. If a person injured in a train accident is killed, the family could bring a wrongful-death claim against the railroad company, or other liable parties. These claims are similar to other personal injury lawsuits. They allow survivors to recover damages related to their medical expenses as well as loss of income emotional distress and other losses. The lawyer will help the client identify all parties who might be liable and file claims against them. This could include the train company and other employees and the train manufacturer, or any party who designed, sold, installed or repaired defective components which caused an accident. Train accidents can lead to severe and debilitating injury, and the victims should be compensated for their injuries. An experienced personal injury attorney can guide the victim through the process of recovering the maximum amount of 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 need.