Trains are enormous, heavy machinery, and they take a long time to stop once they’re in motion. Because of this, railroad accidents have always been a threat. There are many safety precautions in place to help prevent these tragedies from occurring, but when they fail, or if there is a human error that causes the injury, you may be eligible for damages from the railroad company. In the United States alone, the Federal Administration in charge of railroads estimates that 38% of train accidents are the result of human negligence. In some cases, the injured party is at fault, but this isn’t always the case. If you or someone close to you was killed or injured by a train as a result of negligence, and it was not their fault, you may be entitled to compensation. If so, you should consult as soon as possible with a qualified railroad accident attorney to find out whether you have a viable case.
Railroad Accident Information: How Often is the Company at Fault?
Some people are injured by trains due to their own negligence, like ignoring warning lights or walking too close to a railroad track. However, there are plenty of cases where injuries occurred due to a mistake that was the railway company’s fault. According to railroad accident information about prior lawsuits and prior train accidents, some of these scenarios include:
Train derails. Derailment is completely out of the injured person’s control, occurring instead due to either human error, or mechanical problems with the train or tracks.
Unprotected railroad crossings. All railroad crossings have obstructing bars that lower to prevent cars and pedestrians from moving into the path of an oncoming train. However, occasionally these mechanisms can fail for a number of technical reasons. If this happened to you or a loved one, it was beyond your control, and the blame lies completely on the railroad company.
Passenger injury. If mechanical failures, human negligence, or faulty inspections lead to a train accident or crash, anyone inside has a low chance of surviving. Being injured in a passenger train accident is certainly cause for a lawsuit, possibly a class-action lawsuit if other parties were also injured or killed.
Am I Eligible for Damages?
If you or a loved one were injured or killed in a railroad accident, the company may be liable to compensate you for damages. Some of the compensations for which you may be able to sue include:
Medical bills. When railroad accidents happen, they’re nearly always incredibly serious. Being treated for these injuries can add up. Even if the injured party did not ultimately survive the ordeal, you may still be able to be compensated for the hefty bills incurred by the accident.
Lost wages. A train injury can render someone permanently disabled, whether physically or mentally due to brain damage. This renders the person unable to work at the job they used to have, causing further problems for them and their family. If you’ve lost income as the result of an injury, the company may be sued for compensation.
Emotional pain and suffering. Believe it or not, these are considered grounds for compensation. If you lost a loved one to a train accident, or were severely disabled by an errant train, you’ve suffered enormously.
Funeral costs. If the person did not survive the accident, then their family was stuck with huge bills for their funeral and burial or cremation. Funeral costs are another area of financial loss from a railroad accident, for which you can sue for compensation.
If you or a loved one was injured in a train accident, whether they were a bystander, in their car, or riding a passenger train, consult with an injury lawyer today. They’ll work with you to determine whether you have a case, produce the needed evidence, and take it to trial or settlement out of court. The train company is liable in these cases for your emotional, physical, and financial suffering.