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Train Accident Cases

Trains are designed for an optimum speed. If they exceed that speed, they could be dangerous. Human error is often the cause of accidents that involve trains.

The liability in a railroad crash can be difficult to prove since many parties could be responsible. Our team can assist you to make sure that these companies are held accountable.

Tracks and Crossings

A train crash is a devastating event that can leave a number of victims with severe physical injuries and emotional trauma. It could also cause financial burdens due to medical expenses, loss of income and other costs associated with a train-vehicle collision or other rail accidents. Victims of injuries caused by trains may file a suit against any person or entity found to be responsible for the incident. Depending on the type accident railroad employees, train companies, or property owners could be held responsible.

The majority of train accidents happen at crossings, where the vehicle attempts to beat the train. These accidents may include the driver, passengers and other pedestrians. These crashes can be caused by a myriad of factors, but the main reason is the driver's inattention when trying to catch up of trains. This is usually due to drivers not paying attention to warning signs, not stopping when the signal is to stop, or not waiting for it to be safe to cross.

The brakes of a vehicle may fail or the driver could not be aware of the speed or direction of trains that are approaching. These issues can be made worse by a blind bend, an unsafe crossing or bad weather such as snow or ice.

There are around 250,000 railroad crossings in the U.S. and over 95 percent of train-vehicle collisions occur at these types of crossings. Many of them are classified as "passive" crossings, which means they don't have a gate or lighting and must be traversed at drivers at their own risk. These crossings are more dangerous than crossings with gates and lights, as they are much less protective to motorists in the event of a collision with a train.





Signals, rails and other warning devices at a railroad cross must be properly maintained by the railroad to ensure that drivers are able see the approaching trains or other cars. Obstructions such as a fallen tree, trash can or other objects left unintentionally on the track or in the area where trains will pass must be removed prior to when trains arrive. Failure to do so can cause a fatal crash.

Train Operators

Trains are complex vehicles that require skilled professionals to operate. If the train operator does not adhere to protocols, it could cause serious injuries or death to those aboard and on the tracks. If a train company or operator is found to be negligent, those who suffer could be entitled to compensation for medical expenses, emotional trauma and lost wages.

Train accidents are often caused by a simple error made by humans. A driver might not cross the tracks as a train approaches because they believe they have enough time or are distracted by something else on the other side. Other cases involve trains derailing from the rails, which can damage infrastructure nearby and cause serious damage to the passengers.

In a lawsuit brought against a railway company, evidence of negligence could include police and accident records as well as inspection and track maintenance records. This information can show whether a business has not met standards for safety and maintenance promptly and may be the cause of an accident.

Evidence from eyewitnesses is a crucial source for determining what happened in a railroad accident. Witness statements from those who witnessed the incident as well as contact information of witnesses can be used to build the case of negligence against a train operator or company.

Another important evidence piece to collect is any physical objects that caused the accident, such as an unfinished track or malfunctioning 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 from an accident involving trains 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 such as railway operators, train operators, the company, the manufacturer of defective equipment, as well as government agencies responsible for maintenance of tracks. Determining who is liable for the accident could be a complicated matter 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 get the most money possible for their losses.

Passengers

In the event of a train crash victims may suffer serious injuries. This can cause long-term emotional, physical, and financial strain. Our train accident lawyers help victims of injuries to seek 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 their passengers an obligation of care as they are common carriers that offer transportation services for a fee. They must therefore ensure the highest level possible of security to safeguard their passengers. However, this isn't always the situation.

A collision between two trains that are passenger and a train could cause grave injuries or even death. These accidents typically result from the failure by the railway company to perform their duty of care or by inattention on the part of the train operator or other participant.

Pedestrians can also be severely injured in a train crash. The force of the collision can cause broken bones, spinal cord injuries, internal organ damage, and even traumatic brain injury. Many of these accidents can be avoided by pedestrians who adhere to safety guidelines and use designated crossings when they walk near tracks.

A personal injury lawyer will examine the scene of the accident and collect evidence, including photos and videos eyewitness testimony, rail accident reports by the National Transportation Safety Board and train maintenance records. These documents will outline the sequence of events that led to the accident. The evidence will be used to prove that the responsible party did not fulfill their duty to care that resulted in injuries and losses.

Train-pedestrian accidents can be devastating for the families of the victims. Victims can suffer emotional and physical 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've been injured or lost loved ones in a train accident, contact an experienced New Jersey personal injury attorney immediately. Our lawyers have a proven experience in handling these complicated and sensitive cases.

Property Owners

If a person is injured by a railroad train, the company that owns the infrastructure or track may be held responsible. The proof of negligence is based on proving that the responsible party breached their duty to take reasonable care in accordance with safety standards and procedures. This is usually done by reviewing records that reveal subpar maintenance practices, faulty repairs, or failure to handle known issues. The lawyer will also collect evidence that proves that the responsible party's actions directly caused the accident and resulting injuries.

Railroad companies have a higher obligation to their passengers than the average property owner as they are considered to be common carriers and offer transportation services at a cost. This means that the railroad must take additional steps to ensure passenger safety, including ensuring employees are properly trained and making sure the trains are safe for operation.

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

If a victim of a train accident is killed, his or her family members can file a lawsuit for wrongful death against the railroad company and other parties responsible. The wrongful death claims are similar to other personal injury lawsuits. They allow victims to claim damages arising from their future and past medical expenses and income loss, 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 workers as well as the manufacturer of the train or any other party that designed, sold, installed or repaired defective components that caused an accident.

train derailment lawyer can result in severe and severe injuries, and victims deserve full compensation for their losses. A personal injury lawyer can assist victims in receiving the maximum amount of compensation they are entitled to. Marc S. Albert Attorney at Law has offices in Astoria, Syosset and Long Island. They are committed to helping injured individuals across New York City and Long Island get the financial support they require.