In the eyes of the law, railroads are considered ‘common carriers’ which means they transport people (and goods) for a fee. Compared to traditional drivers, common carriers are subjected to higher care standards and they have the responsibility of delivering all passengers and cargo in a safe manner. If these high standards aren’t met and accidents occur as a result, the carrier could be held liable for injuries or even wrongful death.
Train Accident Causes – Although injuries on trains are certainly rare, they aren’t non-existent and they could include defective equipment, driver inexperience, derailment, mechanical issues, driving under the influence of drugs or alcohol, collisions, mechanical issues, driver fatigue, or reckless driving.
In our time in the industry, the majority of injuries we’ve seen come from maintenance problems, human error, and defective products. Assuming the operator or owner is found to be negligent while failing to provide the duty of care expected, families of the victim or the victim themselves could be entitled to recover lost wages, medical bills, pain and suffering, and more. For defective equipment, there’s also an opportunity for product liability lawsuits against the railroad company or even the manufacturer directly.
Railroad Crossings – Sadly, injuries and deaths from railroad crossings are still far too common and the railroad company will have developed strong defenses to absolve themselves from blame if an accident happens to occur. Today, gates still aren’t legally required at these crossings but this doesn’t mean they can’t be found negligent for not providing gates in areas of high activity and traffic. Furthermore, it could also be seen as negligence if the views are somewhat obstructed with a lack of protection.
Elsewhere, injury or death could occur if the lights are broken or poorly maintained. With the lights, signals, and any other electronic systems, the company is responsible for keeping them in full working order. For all train operators, they need to use a bell, whistle, or any other tool to inform of any oncoming trains. If an operator fails in their duty here, this will be considered a lack of warning for all nearby and it could lead to liability issues.
In truth, liability is an important feature in this corner of the law (as it so often is). If you’ve experienced an injury or perhaps a loved one passed away as a result of an incident at a railroad crossing, please feel free to get in touch with The Injury Firm.
The Injury Firm – In a perfect world, this area of law wouldn’t exist and these injuries would disappear but, unfortunately, they do still occur. However, you don’t have to go through this difficult time alone. With The Injury Firm and our superb team by your side, we can guide you through the process.
When dealing with train accidents, they can be incredibly complex but we have the experience to set your case up successfully. Especially if you’re filing against a government entity, you need a professional service who knows what to do, what not to do, and how to create a case that offers the best chance at success…all of which can be found at The Injury Firm!