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What are Railroad or Train Accidents?
A railroad and train accident refers to any unfortunate incident involving trains and the railway system.
Types of Train Accidents
Train accidents can have devastating consequences, causing severe injuries and even loss of life.
Derailment
Derailments are one of the most fatal train accidents that can occur in the railroad industry. Several factors can contribute to a train’s derailment, including faulty tracks, poorly maintained equipment, excessive cargo weight, and human error.
- Faulty tracks can lead to derailments if they have not been properly inspected or if there are issues such as broken switches, worn-out railroad ties, or loose bolts. Poorly maintained equipment, such as defective brakes or worn-out wheels, can also increase the risk of derailment.
- Excessive cargo weight can put a strain on the train and its components, causing them to malfunction or break. This is particularly true in situations where the train is carrying cargo that exceeds the recommended weight limits.
- Human error is another significant factor in train derailments. This can include mistakes made by passenger train conductors, engineers, or other railroad employees. For example, operating the train at an unsafe speed, failing to properly secure cargo, or neglecting to follow safety protocols can all result in a derailment.
Collision with Another Vehicle or Object
Collisions with another vehicle or object can have catastrophic consequences in train accidents. Whether it’s a car colliding with a train at a railroad crossing or two trains colliding on the tracks, these collisions can result in severe injuries and fatalities.
When a train collides with another vehicle, the impact is often devastating due to the sheer size and weight of the train. The smaller vehicle is no match for the massive force exerted by the train, leading to life-threatening injuries.
Train passengers may sustain traumatic injuries such as broken bones, spinal cord injuries, traumatic brain injuries, loss of limbs, or death.
Railway Crossing Incidents
In 2022, out of the total 954 deaths caused by railroad accidents, 29% took place at rail crossings. [1]
A common incident is an obstruction preventing an accident victim from viewing an oncoming train at a railroad crossing. These objects may include vegetation, buildings, or improperly parked vehicles.
Malfunctioning lights or signals at a railway crossing can also contribute to accidents. When these warning devices fail to indicate the presence of an oncoming train or provide incorrect information, drivers and pedestrians are left vulnerable to train wrecks.
Possible Liable Parties in Railroad & Train Accidents
When accidents occur involving trains and railroads, several parties could be held accountable for the damages and injuries caused.
The Railroad Company/Operator
Train companies have significant legal responsibilities when it comes to ensuring the safety and well-being of their passengers. As common carriers, they are legally obligated to exercise a high level of care towards their passengers. This means that they must take all reasonable measures to prevent harm and ensure the safety of individuals traveling on their trains.
Railroad operators are required to keep the trains and tracks in good working order, minimizing the risk of accidents due to mechanical failures or faulty equipment. At railroad crossings, they must provide appropriate warnings and safety measures to protect both motorists and pedestrians. When train companies or operators fail in these responsibilities, they can be held liable in a train crash.
The Engineers and Other Employees
The engineers and other employees involved in the operation and maintenance of railroad tracks and train systems play a role in ensuring the safety and efficiency of these transportation networks. These individuals are responsible for the smooth operation of trains, maintenance of train tracks and equipment, and adherence to safety protocols.
The actions of engineers and other employees can contribute to train accidents if they fail to exercise caution or disregard safety protocols. Human errors, such as driver error, conductor error, distraction, or failure to follow operational procedures, can lead to collisions, derailments, or other accidents.
In the event of train accidents, engineers and other employees may be held legally liable if their negligent actions or inactions contributed to the incident. They can be held accountable for damages, injuries, or fatalities resulting from their negligence.
Equipment Manufacturers, Suppliers, and Installers
Equipment manufacturers are responsible for designing and building the various components that make up a train. If any of these components are defective or fail to meet safety standards, they can contribute to accidents.
Installers, who are responsible for assembling the train and installing the equipment, must ensure that everything is done correctly and up to standard. Any errors or negligence during the installation process can lead to serious problems later, potentially causing accidents.
In the event of a train accident caused by faulty equipment, equipment manufacturers, suppliers, and installers can be held liable for their negligence. They may be responsible for compensating the victims and their families for any injuries, damages, or fatalities that occur as a result.
How Can a Railroad and Train Accident Lawyer Help Me?
If you have been involved in a train accident, our experienced railroad accident attorneys at Goldberg & Loren are here to assist you every step of the way. We understand that train accidents can result in catastrophic injuries and extensive property damage, and we are committed to helping you navigate the complexities of the legal process.
Our dedicated legal team will conduct a thorough investigation into the accident, gathering important evidence such as train records, maintenance logs, and surveillance footage. We will also interview witnesses to get a comprehensive understanding of what occurred during the incident. With this evidence, we will build a strong case on your behalf.
We will advocate for your rights, ensuring that your voice is heard and your best interests are protected.
At Goldberg & Loren, we are committed to obtaining the compensation you deserve for your train accident injuries and damages. This may include medical expenses, lost wages, pain and suffering, and more. Our goal is to help you recover and move forward after such a difficult time.
Have you or a loved one been involved in a railroad or train accident? You may be entitled to compensation for your injuries and damages.
We understand the physical, emotional, and financial toll that these accidents can have on your life. Our goal is to secure fair compensation so that you can focus on healing and moving forward.
Contact us for a free consultation, and let us handle your railroad or train accident case. We are here to support you every step of the way and will fight relentlessly to protect your rights.
Source:
[1] Railroad Deaths and Injuries. (n.d.). NSC Injury Facts. Retrieved September 13, 2023, from https://injuryfacts.nsc.org/home-and-community/safety-topics/railroad-deaths-and-injuries/.
If you or someone you care about was in a train accident, you could potentially receive compensation for your injuries and the resulting hardship. Contact us to assess if your case qualifies for a potential claim and explore your options for seeking compensation.
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