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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. In many instances human error is the main reason for train accidents. The process of proving responsibility in a railroad accident case can be a challenge, as several parties may be accountable for the accident. However, our team can help you hold the responsible parties accountable. Tracks and Crossings A train crash is a tragic event that can leave many victims with serious physical injuries and emotional trauma. It may also cause financial burdens resulting from medical expenses, lost income, and other costs arising from the collision between a train and a vehicle or another rail accident. Individuals who are harmed by trains may file a suit against anyone or any entity that is found to be responsible for the incident. Depending on the type accident railroad employees, train companies, or property owners could be held responsible. Most train accidents occur at the crossings, when a car is trying to stop the train. These accidents may include the driver, passengers and others who are passing by. These crashes are caused by a variety of causes however the primary reason is the driver's inattention in trying to get ahead of the train. This is usually due to not paying attention to the warning signals, 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 mistakenly judge the speed of an approaching train. These issues can be exacerbated by a blind bend, an unmaintained crossing, or bad weather like snow or ice. There are about 250,000 railroad crossings in the U.S. and over 95 percent of collisions between trains and vehicles occur at these types of crossings. Many of these crossings are “passive” which means that they don't have a gate or light and must be traversed at the driver's own risk. These crossings are much more risky than those with lights and gates, as they offer less protection to motorists should they come into contact with trains. The rails signals, signals and other warning devices at a railroad crossing must be properly maintained by the railroad to ensure that drivers can see the train coming or other cars on the road. When a train is about to arrive, it is important to get rid of any obstructions that might be put on the track. This includes a fallen tree that has fallen, a trash container or other objects. In the absence of doing this, it could lead to a deadly crash. Train Operators Trains are intricate machines that require professionals to operate. If the train operator does not follow protocols, it can cause serious injury or death to passengers as well as those who are on the tracks. If the train company or operator is found to be negligent, victims could be entitled to compensation for medical bills, emotional trauma and lost wages. Human error is frequently the reason for train accidents. A driver might not move across the tracks when a train approaches because they believe they have enough time or are distracted by something else on the other side. Some instances involve trains slipping from the rails, which can impact nearby infrastructure and cause significant damage to the passengers. In a lawsuit brought against a railway company, evidence of negligence could include accident and police reports along with inspection and maintenance records for track. This data can reveal whether a business has failed to meet safety and maintenance standards in a timely manner and may be the cause of an accident. Eyewitnesses are also an important source of information when trying to determine the cause of a railroad accident. Witnesses' statements about the incident and any contact information for witnesses can aid in establishing a case for negligence against a railroad operator or company. Another important evidence piece to collect is any physical objects that contributed to the accident, such as damaged tracks or a faulty signal. Experts can analyze these evidences to determine the cause of the accident, and who was at fault. A successful claim for damages from an accident on the train can be substantial, however there are obstacles. Train accident victims could face multiple claims, including those from the operator of the train, the railway company and the manufacturers of defective equipment. They could also have to deal with government entities that are responsible for maintaining the track. The process of determining who is responsible for the accident can be complicated and requires expertise in personal injury law, transportation law and regulations that govern railways. A lawyer who has vast experience handling these types of cases will be able to assist victims to understand their options and ensure they receive the highest amount of amount of compensation for their losses. Passengers In the event of a train crash, victims may suffer serious injuries. This could cause long-term emotional, financial, and physical hardships. Our train accident lawyers assist those injured to recover compensation. We will determine the parties responsible 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. This means that they must provide the highest degree of safety possible to protect their passengers. However, this isn't always the case. A collision between two trains that are passenger and a train can result in grave injuries or even death. These accidents are usually caused by negligence of the railway company to fulfill their duty of care or due to negligence on the part of the train operator or another party. A train crash can cause serious injuries to pedestrians. The impact of the collision can cause broken bones, spinal cord injury and internal organ damage and even traumatic brain injuries. A majority of these accidents are avoided if pedestrians reduce their risk by observing the most important safety guidelines and utilizing designated crossings when they are walking near the tracks. In addition, to investigate the site of the train accident, an attorney for personal injury will gather evidence, such as photographs and videos, eyewitness testimonies, rail accident reports from the National Transportation Safety Board, maintenance records of trains and other documents that show the sequence of events that led to the crash. The evidence is then used to show how the responsible party breached their duty of care, resulting in your injuries and losses. Train-pedestrian accidents can be devastating for those involved and their families. The survivors may suffer emotional and physical trauma, such as post-traumatic stress disorder (PTSD) depression, anxiety and chronic pain. In some cases survivors may require extensive physical therapy and ongoing therapy. If you have suffered injuries or lost a loved one in a train crash get in touch with a seasoned New Jersey personal injury attorney immediately. Our attorneys have handled a number of complex and sensitive cases. Property Owners If someone is injured by a train or train, the company that operates the train and other entities that control railway track or infrastructure may be liable for their injury. To establish negligence, it is necessary to prove that the party responsible failed to take reasonable care in accordance with to safety standards and procedures. This is typically accomplished by reviewing records that show substandard maintenance, insufficient repairs, or the failure to address known issues. The attorney will also collect evidence to prove that the responsible party's actions directly caused the accident and resulting injuries. Railroad companies have a higher duty to passengers than the average property owner since they are considered to be common carriers and provide transportation services for a charge. This means that the railroad company must take additional steps to ensure safety of passengers, such as ensuring that employees are properly-trained and the trains are safe. Railroad companies also have a responsibility to protect pedestrians and motorists who cross railroad tracks. They must exercise reasonable care given the known dangers to prevent individuals from being struck by trains passing by. If a train accident victim is killed, the family could bring a wrongful-death claim 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 expenses loss of income, emotional distress, in addition to other losses. The lawyer will assist the client identify the parties responsible and bring claims against them. This could include the train company as well as other workers as well as the manufacturer of the train or any other person who designed or sold, installed, or repaired defective parts that caused an accident. Train accidents can result in serious and debilitating injuries, and the victims are entitled to be compensated for their losses. A skilled personal injury lawyer can guide the victim through the process of recovering the maximum amount of compensation they are entitled to receive. Marc S. train injury lawsuit at Law has offices in Astoria, Syosset and Long Island. They are committed to helping injured persons throughout New York City and Long Island get the financial support they require.