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Train Accident CasesTrains are designed to run at an optimum speed. If they exceed that speed, it can be dangerous. Human error is usually the cause of accidents that involve trains.The process of proving the liability in a railroad accident case can be difficult, as several parties may be accountable for the accident. Our team can help make sure that these companies are held accountable.Tracks and CrossingsA train accident could be a catastrophic event that leaves many victims with severe physical injuries and emotional trauma. Medical expenses along with loss of wages and other expenses may result from the collision of the train and a car or another rail collision. People who suffer injuries from trains could file a lawsuit against any person or entity that is found to be liable for the incident. Depending on the type of accident, those who might be liable could include train employees, railroad companies, property owners, or other people responsible for maintaining the tracks and crossings.The majority of train accidents occur at crossings, as a vehicle tries to stop the train. These accidents may be caused by the driver, passengers as well as other pedestrians. These crashes can be caused by a myriad of factors, but the main reason is the driver’s inattention in trying to get ahead of the train. This is usually due to not paying attention to warning signs and not stopping at the stop signal or waiting until it is safe to cross.The brakes on a car could fail or the driver may be unable to determine the speed and direction of a train that is approaching. These issues can be made worse by a blind bend a poorly maintained crossing, or bad weather like snow or ice.There are around 250,000 railroad crossings across the U.S. and over 95 percent of train-vehicle collisions take place at these types of crossings. Many of them are called “passive” crossings, which means they do not have gate or lights, and have to be used at drivers at their own risk. These crossings are far more risky than those with lights and gates, as they offer less protection for motorists in the event of collision with trains.The rails as well as the signals and warning devices at railroad crossings should be properly maintained by the railroad in order to ensure that a driver can see the train coming or other vehicles on the road. Before a train arrives it is crucial to remove any obstructions that could have been left on the track. This could include a tree that has fallen, a trash bin or other items. If they don’t, it could lead to a deadly accident.Train OperatorsTrains are complicated machines that require experts to operate. If an operator of a train fails to follow protocols, it can cause serious injury or even death to those onboard and those on the tracks. If the actions of a train operator or company are deemed to be negligent, victims can pursue compensation to cover emotional trauma, medical expenses, and lost wages.Train accidents are usually caused by simple human error. Drivers may not be able to move across the tracks when a train approaches because they think they have enough time or are distracted by something else on the other side. There are other instances where trains derail from the rails. This can affect infrastructure nearby and cause serious damage to passengers.In a lawsuit against a railway company the evidence of negligence may include police and accident reports, as in addition to inspection and maintenance records on the train and tracks. This evidence can show that the company did not meet the required standards of safety and maintenance in a timely manner which could lead to an accident.Evidence from eyewitnesses is a crucial source for determining what happened in a railroad accident. Witnesses’ statements about the incident, as well as any contact information of witnesses can aid in establishing a case for negligence against a train operator or a company.Another important piece of evidence to gather is any physical objects that caused the accident, such as damaged tracks or a malfunctioning signal. Experts can analyze these evidences to determine the root of the accident, and who was responsible.A successful claim for compensation from a train accident could result in substantial damages, but it is not without its challenges. For instance, train accident victims may face claims from multiple parties which include railway operators, train operators, the company, manufacturers of faulty equipment, and government entities responsible for maintenance of tracks. It can be difficult to determine who is at fault for an accident. This requires knowledge of personal injury laws, railway regulations and transportation law. An attorney with extensive experience in handling these types of cases will be able to assist victims in understanding their options, and ensure they receive the maximum compensation for their losses.train injury lawyerIn the event of a train crash the victims could suffer severe injuries. This can result in long-term physical, emotional, and financial difficulties. Our train accident lawyers assist injured victims recover compensation. We will identify the responsible parties and seek their full responsibility for your losses.As common carriers, railroad companies have a duty to their passengers. They must therefore ensure the highest possible level of security for their passengers. However, this isn’t always the situation.A collision between the train and a passengers train could be catastrophic, resulting in severe injuries and sometimes death. These accidents typically result from the inability of the railway company to perform their obligations of care, or due to inattention on the part of the train operator or a third party.A train crash can cause serious injuries to pedestrians. The force of a collision may cause broken bones and traumatic brain injuries (TBI), spinal cord damage and internal organ damage. Many of these accidents can be avoidable, since pedestrians can reduce their risk by observing important safety guidelines and using designated crossings when they are walking along tracks.In addition to investigating the scene of the train accident an attorney for personal injury will gather evidence, such as photographs and videos, eyewitness accounts report on rail accidents from the National Transportation Safety Board, maintenance records of trains and other documents that provide evidence of the sequence of events that led to the crash. The evidence will then be used to show how the responsible party breached their duty of care, resulting in your injuries and losses.Train-pedestrian accidents can be devastating to the families of victims. The survivors may suffer emotional and physical trauma, such as post-traumatic stress disorder (PTSD), anxiety, depression, and chronic pain. In certain cases, survivors might require extensive physical rehabilitation and ongoing therapy.Contact an experienced New Jersey personal injuries attorney immediately if injured in a train accident or if you have lost a loved one. Our attorneys have handled many complex and sensitive cases.Property OwnersIf someone is injured by a train and is injured, the company that runs the track or infrastructure could be held accountable. To prove negligence, it’s essential to prove that the party responsible failed to exercise reasonable care based on the safety guidelines and procedures. This is usually accomplished by reviewing records that reveal poor maintenance, inadequate repairs, or the failure to address known issues. Attorneys will also seek evidence that proves the responsible party’s actions caused the injury or accident.Railroad companies owe a higher duty to passengers than the average property owner because they are considered to be common carriers and provide transportation services for a fee. This means the railroad company must take additional steps to ensure 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 responsibility to take care of motorists and pedestrians who cross railroad tracks. They must exercise reasonable care given the known dangers to keep people from being struck by passing trains.If the victim of a train accident is killed, the victim’s family members can file a claim for wrongful death against the railroad company as well as other parties responsible. Wrongful death claims are similar to personal injury lawsuits and permit survivors to seek damages for future and past medical expenses loss of income, emotional distress, among other losses.The lawyer will help the client determine all parties who might be accountable and bring claims against them. This could include the business and other employees, the manufacturer of the train or any other person who developed and supplied or installed defective parts that led to the accident.Train accidents can result in severe and debilitating injury, and the victims should be compensated for their injuries. An attorney for personal injury can help victims receive the maximum amount of compensation they are entitled to. From offices in Astoria and Syosset the lawyers 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 require.