Train accidents can be caused by a variety of contributing factors. The most common causes for these kinds of accidents range from driver negligence to neglected track and car maintenance. Individuals that have been injured in a train accident would have it in their best interests to contact an experienced train accident attorney to learn more about the specifics of their case.
The law limits the time you have to file your train accident case!
Train Operator Error and Negligence
Operating a train with multiple cars that weighs hundreds of tons is not an easy task. Train operators must remain focused on the train and its tracks at all times to ensure the safety of their cargo, whether it is freight or passenger. Inexperienced train operators can make serious mistakes like speeding through a curve, which can cause derailment and collision. Common forms of train operator negligence include:
- Distracted Driving: Talking or texting on the phone, adjusting the radio and eating are all things that can distract a train operator. Operators that are not attentive to their speed and their surroundings put all of their passengers and everyone around the train at risk.
- Speeding: It can take a train with multiple cars more than a mile to stop. Excessive speeds through curves can cause the train to derail. Operators that exceed posted speed limits greatly increase their chances of being involved in a train accident.
- Failure to Stop: Failure to yield at lights, intersections and exchanges is one of the leading causes of train accidents in the U.S.
- Fatigued Driving: Train operators must travel great distances and, occasionally must do so overnight. A fatigued driver is unable to fully concentrate on their duties and their surroundings, putting their passengers in danger.
Neglected Maintenance and Defective Parts
In the event that a train operator losses control of the engine, it becomes necessary to determine the reason behind that loss of control. In many cases, a train maintenance issue, defective part or neglected track is to blame. Parties that can be held liable for these kinds of train accidents may include:
- Owner of the Train
- Transit Company
- Mechanic or Repair Company
- Part Manufacturer
- Train Manufacturer
Negligent Driver of Another Vehicle
The train operator is not always at-fault in a train accident. Negligent drivers of other trains and motor vehicles can cause a train accident as well. Excessively speeding, passing through automated crossing arms and parking on train tracks are all reason that a secondary vehicle’s driver may be held responsible for any train accidents resulting from their actions. The train company’s insurer may also be involved in these accidents.
Why You Need an Experienced Train Accident Lawyer
Seeking legal guidance may be in your best interest if you ever have the misfortune of being involved in a train accident. Train and transit companies usually intimidating insurance companies and, on occasion, powerful legal defense teams that actively pursue the means to protects their client’s interests. The experienced train accident lawyers of Nagelberg Bernard Law Group provide expert legal assistance to train accident victims in dealing with insurance companies and train company representatives. In cases involving disputed claims, our attorneys help our clients obtain compensation by means of litigation. Our goal is to ensure that you receive just and fair compensation for all the injuries, damages and losses that you have sustained.
* Our law offices are conveniently located across California in the locations listed below.
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