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Train Crossing Accident Compensation

Train accidents, particularly at railroad crossings, are devastating events that can cause severe injuries and loss of life.

These devastating collisions often result in significant damage and destruction, far exceeding the impact of a typical car accident.

Our legal team possesses specialized knowledge and expertise in handling train crash cases, let us help you secure the justice and compensation you deserve.

 

In most cases there is an assumption of fault for not noticing an approaching train or stopping on the tracks.

This is used by defense attorneys and rail companies to discredit victims and deny compensation claims.

At Lawsuit Legal, our experienced railroad crossing accident lawyers understand the complexities of train accident cases. We represent victims injured in rail accidents to secure the compensation you deserve after a collision.

Train Accident Case Fact Patterns

Examples of negligent railroad hazards:

• Malfunctioning railroad crossings
• Defective Crossing Gates
• Improper Signals
• Train failure to sound horns when approaching
• Objects or loads extending from train
• Foliage, trees or land obstructing view of crossing
• Train Operator Error or derailment
• Trains approaching crossings at high speed

 

When these situations occur, it is the right of accident victims to receive compensation.

Multiple factors can contribute to train crashes, including equipment failure, human error, and signal malfunctions.

Victims of train collisions face unique challenges when seeking compensation.

Pursuing legal action is vital to ensure others do not fall victim to the same tragic outcome. Proving negligence in a railway accident allows for to punitive damages to be utilized.

 

Why Punitive Damages help and are awarded:

Punitive damages are meant to punish negligent railroad companies and delinquent municipalities that are responsible for maintaining track crossings.

The purpose is to provide large settlements to victims, so railway companies stop operating in an unsafe manner.

This protects the public at large from these devastating accidents.

If you lost a loved one or were involved in a collision, derailment or crash resulting in harm, consulting with a train accident lawyer is paramount.

Once victims receive legal advice, normally free for this case type, defendants change their tactics.

Instead of an accusatory approach, where defendants seek to blame the victim, railroad and insurance companies start on a path to settlement.

 

 

When seeking legal help remember to ask the law firm about these topics.

 

Railroad Crossing Accidents: Nationwide Hazard...

The most common railroad-related incidents are collisions between trains and vehicles at level crossings.

Level crossings are locations where the train and vehicles pass at the same level without bridges or tunnels. The most dangerous of these is a passive crossing.

Passive crossing do not have flashing lights or gates that warn and prevent traffic from passing over the tracks when a train is coming.

Some of these crossings do not even have stop signs.

In either case these passive crossing locations are dangerous hotspots which are required to have the proper signage to warn people. Crossbucks became a requirement in 2009.

 

   New Safety Requirements: Dangers to Traffic

The danger is so great that as of December 2019 all passive crossings must be upgraded to have proper reflective yield or stop signs in place.

In 2017 there were over 2,000 incidents at railroad crossings involving vehicle crashes. That is over 5 collisions a day involving a train. The stats remain consistent with 1025 incidents in the first half of 2018.

Municipalities and States are scrambling to maintain the required levels of safety at crossings.

Sometimes upgrades and maintenance get missed. In accident cases where they failed to perform mandated safety upgrades, government agencies or contractors may share in liability for an accident.

Railroad companies can also be held accountable. The rules and regulations for operating trains are strict and need to be followed.

Sometimes these rules are neglected or ignored.

 

Railroad Company Negligence: They are Liable

Following the proper rules and regulations for safely operating trains can be overwhelming for railway companies.

Just like any other overworked business, processes that seem redundant slowly get pushed aside for efficiency. Railway companies are no different. The saying “trains must run on time” is famous for a reason. When this motto is applied safety can be sacrificed for speed.

Safe railway practices are redundant to limit risk of catastrophe and help avoid disasters.

What happens when the disaster happens to you...

How do Train Accident Victims Know They Have a Case?

Initially, railroad employees and transportation safety officials are more likely to know when a train accident was caused by malfunctions or negligence.

The average citizen is not aware of the specific laws and rules in place. This leads to many assuming incorrectly that a train accident case is the same as a auto accident legal case.

Determining responsibility in a train involved accident can be complicated.

Let's take a look at train speeds as a contributing factor.

The following explains the complex regulations of track class and permissible speeds as it relates to train classification.

There are 9 different types of track classes in the US. Each has a maximum speed with Class 1 being the lowest (10-15 mph) and Class 9 (200 mph) being the highest.

This speed limit is different for each category of train. The two most common variety of trains are Passenger and Freight.

On top of this there are multiple related rules that apply for different situations involving each aspect of the categories above.

 

Two examples of the many regulations applied to railway traffic:

Freight Classification Rule:    No more than five rail cars loaded with hazardous materials are permitted.

Passenger Classification Rule:    Amtrak trains are limited to 79 MPH unless cab signaling, or automatic train stop is provided.

 

Establishing the contributing factors and percentage of shared fault is vital for a successful claim.

 

Was my accident the trains fault?

To determine fault in a train accident case you must prove negligence on the part of the train company or municipality.

Using the speed track class regulation above as an example, we see how a train company is liable.

Let’s say a vehicle stops on the tracks and is hit by a passenger train. Train crossings are hazardous, so the driver is partially at fault for stopping on the tracks.

However, the passenger train was on a Class 2 track and traveling at 42 mph. The train was speeding since the maximum Class 2 track speed is 30 mph.

This shows unsafe operations were present which can lead to further disclosures and establish proof of negligent behavior.

Some of the damages or loss of life can be attributed to the negligent operation of the train. If there is loss of life a wrongful death lawsuit may be pursued in an effort to seek compensatory damages.

Proving a train company is at-fault because of negligent operations is crucial in all railroad accident cases.

Lawyers with railway-vehicle collision experience are recommended. The experience in train accident litigation results in plaintiffs receiving the settlements they are entitled.

Railroad Crossing Safety: Breakdown of Train-Related Accident Numbers...

Dangerous conditions, unsafe crossings, negligence and other causes of serious accidents are often preventable. Victims can fight to prevent the next incident from happening.

Lawyers who specialize in railroad-related accidents have raised a number of safety concerns.

These concerns include the speed of trains, the visibility of railroad crossing signals and the signage that causes a majority of incidents across the nation.

 

2017 data from the Federal Railroad Administration Office of Safety Analysis reported:

• Of just the 100 most frequent crossings with incidents
• 89% of those collisions were fatal
• Those collisions resulted in 125 deaths

 

Those stats are for only 100 crossings. According to the Railroad-Highway Grade Crossing Handbook, one in every ten crossing collisions results in death.

Obviously, the regulations are not effective or are being ignored. Safer crossing are needed.

Safety measures include stop signs at passive crossings, costing from $1,200 to $2,000 have an unknown effectiveness but will be a requirement by 2019.

Flashing lights on crossing signs costing from $20,000 to $30,000 can reduce deaths by as much 83%.

The data is clear, a failure to take action - is costing lives.

The handbook recommends the need for further action. This includes equipment installed such as two gates and crossing lights. Installing two gates and crossing lights can reduce deaths by almost 100% at an estimated cost of only $150,000.

Settlements for crossing accident wrongful death suits cost significantly more and include the loss of life.

For some reason railroad companies and municipalities are not taking the necessary safety measures fast enough.

Filing a claim with an experienced railroad attorney can help change this.

Choosing to sue the railroads after an accident isn't just about monetary compensation for your injuries. Filing a lawsuit and taking those responsible to court is a fight to help prevent a similar avoidable incident from happening again.

Railroads Litigation & Insurance Company Claims: They'll Fight Tooth & Nail...

Many railroad companies have a history of denying culpability and responsibility regardless of the type of train accident, injury or facts of the occurrence.

In fact, the Federal government makes some case ineligible for certain damages unless it can be proven there was deliberate negligence on their part.

You may have a potential lawsuit against the railroads (depending on the details of your case) or you may have a claim against an insurance company or local government.

In either case, you can expect the full weight of their legal resources to work to discredit your claims.

They seek to limit any financial liability they are responsible for, by blaming you for reckless driving and carelessness.

Legal representation may be the only avenue for you to make things right. They ensure your side of the story is heard.

Law firms have the power to investigate and compel railroad companies to disclosure all information about your accident.

Railroad companies will do everything in their power to deny responsibility when a railroad crossing collision happens.

Additionally, cities and towns will avoid taking responsibility for what may have been an unsafe crossing in their district.

When a loved one is killed a wrongful death claim will need to be supported properly. This includes the establishment of negligence and the application of liability.

Defendants' efforts to avoid the scandal and responsibility of a preventable fatality can be immense.

For this reason a lot of railroad cases involving vehicle accidents are settled out of court.

Once it appears your lawyer has established some fault on the part of the railroad or municipality due to negligence they settle.

This avoids any public embarrassment or further in-depth Federal investigations.