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Train Accident Cases

Trains are designed to operate at certain speeds and, if they go over the speed limit, it could be dangerous or deadly. Human error is often the cause of accidents that involve trains.

In the event of a railroad accident, liability can be difficult to prove, since multiple parties could be responsible. Our team can help you make sure that these companies are held accountable.

Tracks and Crossings

A train accident could be a devastating event that leaves many victims suffering serious physical injuries and emotional trauma. Medical expenses along with lost wages, and other expenses could result from the collision of a train and a vehicle or another rail accident. People who have been injured by trains may bring a lawsuit against the person who is found to be responsible for the incident. Depending on the type of accident, the parties who could be liable could include train employees, railroad companies, property owners or those responsible for maintaining the tracks and crossings.

The majority of train accidents occur at crossings, where the vehicle attempts to beat the train. These accidents may be caused by the driver, passengers as well as others who are passing by. The causes of these crashes differ but the most frequent reason is the driver's inability to keep up with the train. This is usually due to not paying attention to the warning signals and not stopping at the stop signal or waiting until it is safe to cross.

The brakes on a car could fail or the driver could not be aware of the speed of a train that is approaching. These problems can be exacerbated by a blind bend a poorly maintained crossing or bad weather such as snow or ice.

There are about 250,000 railroad crossings across the U.S. and over 95 percent of collisions between train vehicles occur at these types of crossings. Many of them are called "passive" crossings, which means they do not have gate or lights, and have to be traversed at drivers at their own risk. These crossings are far more risky than those with gates and lights because 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 can see approaching trains or other cars. Obstructions such as 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 trains arrive. If they don't, it could lead to a deadly accident.

Train Operators

Trains are complex vehicles that require trained professionals to operate. If a train operator does not follow the rules and procedures, it could cause serious injury or death to those aboard and those on the track. If an operator or train company is found to be negligent, victims may be entitled to compensation for medical bills as well as emotional trauma and lost wages.





Human error is often the cause of train accidents. For example, a driver might be unable to cross the tracks when a train is approaching because they believe they have enough time to do so or they are distracted by something happening on the other side of the tracks. There are other instances where trains derail from the rails. This can affect the infrastructure around them and cause severe damage to the passengers.

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

Eyewitnesses are also a valuable source of information when trying to determine the root of an accident. Witnesses' statements about the incident, as well as any contact information for witnesses can aid in establishing the case of negligence against a railroad operator or company.

Another crucial element of evidence to collect is any physical objects that contributed to the accident, such as a broken track or a faulty signal. Experts can look over these pieces of evidence to determine the root of the accident and who was responsible.

A successful claim for damages from an accident on the train could be significant, but there are a few hurdles. For example victims of accidents on trains could have to contend with claims from a variety of parties which include railway operators, train operators, the company, manufacturers of faulty equipment, and even government agencies responsible for maintenance of tracks. It can be a challenge to determine who is responsible for an accident. This requires a thorough understanding of personal injury law, railway regulations and transportation law. A lawyer who has extensive experience in handling these types of cases will be able to assist victims in understanding their options and ensure they receive the highest amount of amount of compensation for their loss.

Passengers

If a train accident happens the victims could suffer severe injuries. This can result in long-term emotional, physical, and financial strain. Our train accident attorneys help injured victims recover compensation. We will identify the responsible parties for your injuries and pursue them to their fullest liability.

Railroad companies owe their passengers a duty of care, as they are common carriers who provide transportation services for a fee. This means they must provide the highest degree of security that is possible to protect their passengers. Unfortunately, this does not always happen.

A collision between a passenger train and a train could cause serious injuries, and sometimes even death. These incidents typically result from the inability of the railway company to meet their obligations of care, or due to inattention on the part of the train operator or another participant.

The pedestrians could also be injured in a train crash. The force of a collision can cause broken bones, traumatic brain injury (TBI), spinal cord injury and internal organ damage. Many of these accidents are avoidable, since pedestrians can minimize their risk by obeying important safety guidelines and utilizing designated crossings when walking near the tracks.

In addition to investigating the scene of the train accident an attorney for personal injuries will also gather evidence like photographs and videos, eyewitness testimonies and reports on rail accidents from the National Transportation Safety Board, maintenance records for trains, and other documents that demonstrate the sequence of events that led to the accident. The evidence is then used to show how the responsible party violated their duty of care and caused your injuries and losses.

Train-pedestrian collisions can be catastrophic for those involved and their families. Survivors may experience physical and emotional trauma, including post-traumatic stress disorder (PTSD) anxiety, depression, and chronic pain. In some instances, survivors may require extensive physical therapy and ongoing therapy.

Contact an experienced New Jersey personal injuries attorney immediately if you've been injured in a train accident or lost a loved one. Our attorneys have handled many complex and sensitive cases.

Property Owners

If a person is injured by trains, the train company and other companies that manage railway tracks or infrastructure could be held accountable for their injuries. The proof of negligence is based on proving that the person responsible for the incident violated their duty to take reasonable care in accordance with safety standards and procedures. This is typically done by reviewing records that reveal subpar maintenance practices, inadequate repairs, or failure to handle known issues. The attorney will also collect evidence to prove that the responsible party's actions led to the accident or injuries.

Since railroad companies are commonly used carriers, they have an obligation to their passengers. They offer transportation services in exchange for a fee. This means that the railroad must take additional steps to ensure passengers' security, including making sure employees are properly trained and making sure that trains are safe for operation.

Railroad companies also have a duty to protect pedestrians and motorists who cross railroad tracks. They must use reasonable care given the known dangers to avoid people from being struck by passing trains.

If train accident attorneys accidentinjurylawyers is killed, the family may make a claim for wrongful death against the railroad company or other liable parties. Wrongful death claims are similar to personal injury lawsuits and allow survivors to recover damages for past and future medical costs as well as loss of income and emotional distress, among other losses.

The lawyer will assist the client determine the parties accountable and file claims against them. This could include the train company and other workers and the train manufacturer, or any other party that designed, sold, installed or repaired defective components that led to an accident.

Train accidents can result in severe and debilitating injuries and victims deserve to be compensated for their loss. An attorney for personal injury can assist victims in receiving 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 receive the financial assistance they require.