Railroad Crossing Accidents – What You Need to Know
States across the country have made a lot of progress reducing railroad crossing accidents and injuries. From 2004 to 2013, the number of accidents decreased 3,085 to 2,096. The number of fatalities also decreased from 371 to 281 people. Despite these efforts, there are still thousands of accidents every year. Sometimes these accidents are preventable and are due to negligence by the railroad company or conductor. In these situations, the injured parties may be entitled to compensation. If you were injured in a railroad crossing accident, contact our attorneys at Bandas Law Firm right away. We can help you evaluate the case and decide on your next steps.
Train and Vehicle Collisions
Many of the railroad crossing accidents that occur are between trains and automobiles. These accidents can cause a lot of damage, destroying the automobile, damaging the train, and causing serious injury or death. These accidents typically happen at grade crossings. Grade crossings are areas where automobiles cross directly over the railroad tracks instead of over or under them, and they are where most railroad crossing accidents occur. If you were involved in this type of accident, an attorney can help you evaluate who was liable and advise you if you should pursue a lawsuit.
Drivers who were trying to beat a train may not be able to win a lawsuit because the court may find that their negligence or recklessness contributed to the collision. However, there are also situations where the railroad company or the train conductor is found to be liable. For example, if the conductor was very tired or under the influence of alcohol, he may be at fault. If the railroad crossing arms were malfunctioning and didn’t alert the driver that a train was coming, that might also mean the driver is entitled to compensation.
The most dangerous types of railroad accidents are between pedestrians and trains. These accidents result in the most serious of injuries and often death. If your loved one was killed in a pedestrian accident, you may be able to file a wrongful death suit. You will have to establish that the train company had a duty of care, violated that duty, and that the violation or negligent act caused the death of your family member. This may be a very difficult case to argue and win, but a lawyer experienced in railroad crossing accidents can help you collect evidence and make your case.
Railroad Worker Injuries
If you are a railroad worker who was injured during a railroad accident, you may be able to file a lawsuit and get compensation for your injuries. The Federal Employees Liability Act, though signed more than 100 years ago in 1908, protects employees of the railroad who suffer work-related injuries. Our attorneys can help you determine if you qualify to take advantage of this government law.
These accidents are often tragic and life changing. The injuries sustained after colliding with a train are very serious and require expensive medical care. It’s very important that you have proper representation in these situations, so that you can get the help you need to pay current and future medical bills as well as make up for lost wages.
Our attorneys at Bandas Law Firm have the expertise to help you get the justice you deserve. Not all railroad crossing accidents involved a train conductor that was at fault, but we will help you determine if your situation qualifies and will present to you all of your legal options. Contact us today.