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Train Accident Cases Trains are designed to run at a certain speed. If they exceed that speed, they can be dangerous. In a lot of cases human error is the primary cause of train accidents. Proving responsibility in a railroad accident case can be a challenge since a number of parties could be responsible for the incident. Our team can help make sure that these companies are held accountable. Tracks and Crossings A train accident can be a catastrophic event that leaves many victims suffering severe physical injuries and emotional trauma. It may also cause financial burdens from medical expenses, loss of income and other expenses resulting from the collision between a train and a vehicle or another rail accident. Individuals who are harmed by trains may file a suit against any person or entity found to be responsible for the incident. Depending on the nature of the incident train employees, railroad companies or property owners could be held accountable. The majority of train accidents happen at crossings where a vehicle is trying to stop the train. These accidents can be caused by the driver, passengers, and other pedestrians. These accidents are caused by a variety of causes but the most common reason is the driver's inattention when trying to get ahead of trains. This is usually due to drivers not paying attention to warning signals or not stopping when a signal says to stop or waiting for it to be safe to cross. The brakes on a car may fail or the driver may not be aware of the speed or direction of a train that is approaching. These issues can be made worse by a blind bend, an unsafe crossing, or bad weather like snow or ice. There are around 250,000 railroad crossings across the U.S. and over 95 percent of collisions between trains and vehicles take place at these types of 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 far more dangerous than crossings with gates and lights because they offer less protection for motorists should they come into contact with a train. Signals, rails and other warning devices at a railroad cross should be maintained in a timely manner by the railroad to ensure that drivers are able to see the approaching trains or other vehicles. When a train is about to arrive it is essential to clear any obstructions that could be put on the track. train accident law firm accidentinjurylawyers.claims includes a fallen tree that has fallen, a trash can or other items. If they don't, it could cause a fatal accident. Train Operators Trains are complicated machines that require skilled technicians to operate. If an operator of a train fails to follow protocols, it can cause serious injuries or death to those onboard 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. Train accidents are often caused by a simple error made by humans. For example, a driver might not cross the tracks when a train is coming because they think they have enough time or they are distracted by something that is on the other side of the tracks. Other cases involve trains derailing from the rails. This can damage nearby infrastructure and cause significant damage to passengers. In a lawsuit filed against a railway firm, evidence of negligence could include accident and police records as well as inspection and track maintenance records. This information will show if a company failed to meet the required standards of safety and maintenance promptly, which could contribute to an accident. Eyewitnesses are also an important source of information when trying to determine the reason for a railroad accident. Statements and contact information of witnesses can be used to build a case against a railroad company or train operator for negligence. A broken track or a faulty sign are examples of evidence from nature that can be collected. Experts can look over these pieces of evidence to determine the cause of the accident and who was at fault. A successful claim for compensation from a train accident could result in substantial damages, but it is not without challenges. For instance, train accident victims may be liable to claims from multiple parties which include train operators, railway company, the manufacturer of defective equipment, as well as government agencies accountable for maintenance of track. Determining who is liable for the incident can be a complicated matter and requires expertise in 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 they receive the most compensation possible for their loss. Passengers In the event of a train crash victims may suffer serious injuries. This can result in lasting emotional, physical and financial difficulties. Our train accident lawyers aid those who have been injured to obtain compensation. We will determine the responsible parties for your injuries and take them to the fullest extent of their liability. Railroad companies owe their passengers the duty of care because they are common carriers that provide transportation services for a charge. They must, therefore, ensure the highest degree of safety to protect their passengers. Unfortunately, this does not always occur. A collision between a passenger train and a train can result in serious injuries and even death. These accidents are usually caused by the inability of the railway company to abide with their duty of care, or by a lapse of negligence committed by the train's operator or other third party. A train crash can cause serious injuries to pedestrians. The force of a collision could cause broken bones, traumatic brain injury (TBI) as well as spinal cord injury, and internal organ damage. A majority of these accidents are avoided if pedestrians reduce their risk by following important safety guidelines and using designated crossings when walking along tracks. A personal injury lawyer will examine the scene of the accident and gather evidence, such as photographs and videos eyewitness testimony, rail accident reports by the National Transportation Safety Board and maintenance records for trains. These documents will reveal the sequence of events that led to the crash. The evidence will be used to prove how the responsible party violated their duty of caring that resulted in injuries and losses. Train-pedestrian accidents can be devastating for the victims and their families. Victims may suffer psychological and physical traumas, such as post-traumatic disorder (PTSD) anxiety, depression, and chronic pain. In some cases, survivors may require extensive physical rehabilitation and ongoing therapy. 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 on. Our lawyers have a solid track record in handling these difficult and sensitive cases. Property Owners If someone is injured by a railroad train and is injured, the company that runs the track or the infrastructure could be held accountable. To prove negligence, you must establish that the responsible party violated their duty to use reasonable care in compliance with safety standards and procedures. This is usually accomplished by reviewing records that show substandard maintenance, inadequate repairs or failure to deal with issues that are known to be a problem. Attorneys will also seek evidence that shows the responsible party's actions caused the injury or accident. Since railroad companies are commonly used transporters, they are bound by more responsibility to their passengers. They offer transportation services in exchange for a charge. This means that the railroad must take additional steps to ensure passengers' safety, such as ensuring that employees are properly trained and making sure that trains are safe for operation. In addition, railroad companies are bound by obligations of care to motorists and pedestrians at rail crossings. They must take reasonable care, given the dangers they know about, to prevent people from being struck by trains that pass by. If a train accident victim is killed, the family may file 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 future and past medical expenses and income loss emotional distress, and other losses. The lawyer will assist the client in identifying the parties that could be responsible, and assist them in filing claims against each. This could include the business and other employees and the manufacturer of the train, or any party that created, sold or installed defective components that caused the accident. Train accidents can cause severe and painful injuries, and the victims deserve full compensation for their losses. A personal injury lawyer can help victims receive 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 people across New York City and Long Island obtain the financial resources they require.