Train Related Personal Injury Claims


Posted January 10, 2019 by crowsonlaw

This article discusses general train related accident statistics and how the failure to warn of an approaching train can be used as evidence of negligence.

 
According to the Bureau of Transportation Statistics, injuries associated with both freight and passenger railroad operations were 301 in the year 2017. The associated accidents total up to 1 625 for the year 2017. According to the National Transportation Safety Bureau (NTSB), nearly every two hours a person or vehicle is hit by a train in U.S. rail accidents. Such incidents include derailments, train-train collisions, train-car collisions, train person collisions and damage to property. One article notes that, “Each year nearly 1 000 people are killed in train related accidents. According to the US Department of Transportation, there are about 5 800 train car crashes each year in the United States, most of which occur at railroad crossings. These accidents caused 600 deaths and injured 2 300.” While such statistics are shocking, the reality is more people suffer from train related injuries each year despite a notable decrease in the past few years.

One of the most common forms of collisions is train car collisions. In many cases people make the mistake of believing that an oncoming train will be able to stop in time in the event that their car stalls on the tracks. However, it is important to note that ‘a 150 car freight train traveling at 50 miles per hour will take over a mile to stop’. And if your car stalls, the train will take your vehicle with it. Statistics show that “more than half of all fatal train accidents occur at train crossings that do not have active safety devices or have safety devices that are simply inadequate, or in some cases, have no safety devices to alert unsuspecting motorists.”

Factors that play a major role in any train accident include issues relating to the availability of warning signs. Such warning signs include flashing lights, specific sound to warn of an oncoming train and wooden panels falling into place at a crossing. Generally, the train is loud enough and will blow the whistle in order to warn anyone nearby that the train is in motion. Such signs are enough to provide fair warning regarding a train in motion, however, the absence of standard warning signs may be used as proof of fault on the part of the train company and other parties.

It is necessary to hire train accident attorneys to represent your interests in the event of injury or wrongful death claims. In turn, the train accident attorney is likely to enlist the services of an expert witness to prove certain elements in negligence cases. In claims relating to negligence it is necessary to demonstrate that the train or railroad owed a duty of care to others. And as a result of a breach in that duty injuries or death occurred. One train accident attorney explained, “In addition to having an in-depth knowledge about state and federal regulations involving trains and railways of the city, it is important to know the maintenance standards at the time of the accident that caused the injury. As a result there may be a number of defendants involved in one case; the train company, the company that owns the tracks, the company that maintains the tracks and or government agencies.

About the company:

Crowson Law Group is a law firm of renowned professionals who focus exclusively on personal injury matters. For legal advice and representation relating to car accidents contact the Crowson Law Group, a vehicle accident law firm. 
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Issued By Crowson Law Group
Phone (907) 677-9393
Business Address Crowson Law Group 637 A St. Anchorage, AK 99501
Country United States
Categories Law
Tags train accident attorneys , vehicle accident law firm
Last Updated January 10, 2019