Millions of people ride trains every day in the United States. However, when
trains aren't maintained, or when reckless drivers try to beat a train across
the tracks, a serious accident may occur.
According to the Federal Highway Administration, there is a train accident
every 2 hours in the U.S. In 1999 alone, there were more than 2,700 train
accidents. Also, train accidents tend to be more dangerous, especially when you
consider the weight and high speeds trains can reach.
Hundreds of people die in train accidents each year. They are often caused
by:
- A collision with another train
- Derailment
- A collision with a car or bus
- Mechanical failure
- Inadequate security
- Dated and unsuitably maintained tracks
- Conductor negligence
A train is considered a common carrier, so when a train accident has occurred
a train accident attorney can find out if the business is liable for the
injuries and damages sustained. Common carries have a responsibility to safely
transport the public by taking all precautions to avoid a train accident.
There are more than 600 railroads and hundreds of thousands of miles of track
traversing the country. Many of these rails are used for freight transportation,
including cargo, merchandise and chemicals. Trains carrying toxic chemicals are
particularly threatening if involved in an accident. Passenger trains use only a
fraction of the railroads in the nation, but are still involved in collisions
and derailments each year.
Collisions and derailments may occur for a number of reasons. Engineer
negligence, inadequate rail maintenance and unsafe operators have all been
blamed for train wrecks. Lately, there has been an increase in the number of
train collisions involving motor vehicles.
The National Transportation Safety Board indicates that 60 percent of all
crossing fatalities occur at unprotected crossings and that approximately 80
percent of all public railroad crossings are not protected by lights and safety
gates.
Rail companies continue to rely on technology that was developed more than 70
years ago and very little effort has been made to update safety measures. Local
jurisdictions often have no control over the train travel in their area
resulting in delays for local emergency response to catastrophic situations in
the community.
Since there are many factors that lead to a railroad accident, there are many
people who can be held responsible for you injury, loss of income, or pain and
suffering. While it is the responsibility of the railroad company to maintain
the tracks and the train you ride, truck and car drivers also have the
responsibility of following the laws and not trying to sneak pass the crossbars
after they've been lowered.
There are laws that govern whether or not the carrier is liable. There are
many factors that determine if the railroad company was at fault and could have
prevented the accident and resulting injuries by exercising the proper care and
maintenance. Also, if the carrier is found liable, there are even more factors
to consider as to what percentage of liability they will have to assume.
The laws governing liability in the case of railroad accident and injury are
extremely complex. It must be determined that the railroad company was, in fact,
responsible for the accident and was acting in a negligent manner. If the
railroad is found responsible, it must then be determined to what extent they
are liable.
While proving a physical, emotional, or cognitive injury can be difficult,
the aid of a competent legal counsel can help you focus your attention on
getting your life back to its normal state.