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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 even deadly. Human error is usually the cause of accidents involving trains. The process of proving responsibility in a railroad accident case can be complex since a number of parties could be responsible for the incident. Our team can help you make sure that these companies are held accountable. Tracks and Crossings A train accident could be a devastating incident that leaves many victims with serious physical injuries as well as emotional trauma. Medical expenses as well as lost wages, and other expenses could result from a collision between a train and a vehicle or another rail accident. Victims of injuries caused by trains could file a lawsuit against any person or entity found to be liable for the incident. Based on the nature of the accident, those who might be held accountable could include employees as well as railroad companies, property owners, or those responsible for maintaining the tracks and crossings. The majority of train accidents happen at crossings, where vehicles attempt to stop the train. These accidents can 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 a driver's inability to keep up with the train. This typically means not paying attention to the warning signals or not stopping at the halting signal, or waiting until it is safe to cross. The brakes on a car could fail or the driver may not be aware of the speed of a train approaching. These problems can be compounded by blind curves as well as a poorly-marked or maintained crossing or bad weather such as snow or ice that make it difficult to see and drive safely. In the United America, there are about 250,000 railroad crossings. More than 95 percent of train-related accidents occur at these crossings. A lot of these crossings are “passive” which means they do not have a gate or light and are crossed at the driver's own risk. These crossings are more risky than those that have lights and gates because they offer less protection to motorists in the event of collision with a train. The rails, signals and warning devices at railroad crossings should be properly maintained by the railroad in order to ensure that a driver 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 a train will pass must be removed before the train arrives. In the absence of this, it could result in a fatal accident. Train Operators Trains are highly complex vehicles that require trained professionals to operate. If an operator of a train fails to follow protocols, it can cause serious injuries or death to passengers and those 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 and lost wages. Train accidents are usually caused by a simple error made by humans. A driver may not walk across the tracks as a train approaches because they think they have enough time or are distracted by something on the other side. In other cases trains may be unable to cross the tracks and cause damage to infrastructure nearby or even passengers. In a lawsuit filed against a railway firm, 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 the safety and maintenance requirements in a timely fashion and may have contributed to an accident. Eyewitnesses are also an important source of information when determining the cause of a railroad accident. The statements and contact details of witnesses can be used to build an argument against a railroad company or train operator for negligence. Another important piece of evidence to gather is any physical objects that caused the accident, like damaged tracks or a faulty signal. Experts can analyze these evidences to determine the root of the accident and who was responsible. A successful claim for damages from a train accident can be substantial, however there are obstacles. Accident victims may face multiple claims, including those of the train operator as well as the railway company and manufacturers of defective equipment. They may also have to deal with government entities that are responsible for track maintenance. It can be a challenge to determine who is responsible for an accident. This requires knowledge 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 victims could suffer serious injuries. This could cause lasting emotional, physical and financial hardships. Our train accident lawyers assist those injured to recover compensation. We will determine the responsible parties and pursue their full responsibility for your losses. As common carriers, railroads have obligations to their passengers. This means that they must provide the highest degree of security that is possible to protect their passengers. Unfortunately, this isn't always the case. A collision between the train carrying passengers and the train could result in serious injuries, and sometimes even death. These incidents are usually caused by the failure by the railway company to meet their obligations of care, or by negligence on the part the train operator or other person. A train crash may cause serious injuries to pedestrians. The force of a collision can result in broken bones and traumatic brain injuries (TBI) and spinal cord injuries and internal organ damage. Many of these accidents can be avoided if pedestrians minimize their risk by obeying essential safety tips and utilizing designated crossings when walking near the tracks. In addition to investigating the site of the train accident an attorney for personal injuries will also gather evidence like photographs and videos, eyewitness testimonies report 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 will be used to demonstrate that the responsible party did not fulfill their duty of caring that resulted in injuries and losses. Train-pedestrian accidents can be catastrophic for the victims and their families. The survivors can suffer psychological and physical traumas like post-traumatic disorder (PTSD), anxiety, depression, and chronic pain. In certain cases, survivors may need extensive physical therapy and ongoing rehabilitation. If you have been injured or lost someone you love in a train crash and need to speak with an experienced New Jersey personal injury attorney immediately. Our attorneys have handled many complex and sensitive cases. Property Owners If a person is injured by a railroad train or infrastructure, the company who owns the track or the infrastructure could be held liable. To establish negligence, it is essential to prove that the person responsible was unable to exercise reasonable care according safety standards and procedures. This is usually done by looking at records that show subpar maintenance practices, faulty repairs, or failure to handle known issues. train injury claim will also collect evidence that proves the actions of the responsible party caused the injury or accident. Railroad companies have a higher duty to passengers than the average property owner since they are considered to be common carriers and offer transportation services for a fee. This means the railroad company must take additional steps to ensure the safety of passengers and security, for example, ensuring that its employees are properly trained and that the trains are secure. Railroad companies also have a duty to care for pedestrians and motorists who cross railroad tracks. They must exercise reasonable care given the known dangers to keep people from being struck by passing trains. If someone who is a victim of a train collision is killed, the victim's family members can file a lawsuit for wrongful death against the railroad company as well as other parties liable. The wrongful death claims are similar to other personal injury lawsuits. They allow survivors to recover damages related to their medical expenses, loss of income emotional distress, and other losses. The lawyer will assist the client identify the parties responsible and file claims against them. This could include the company as well as other employees, the manufacturer of the train or any party that created and supplied or installed defective parts which led to the accident. Train accidents can result in severe and painful injuries, and the victims deserve to receive full compensation for their injuries. An experienced personal injury attorney can assist the victim through the process of obtaining the maximum amount of compensation they are entitled to. 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.