Even with proper safety measures like crossing gates and lights in place, areas where railroad tracks intersect with roads, bike paths, and pedestrian walkways can be exceptionally dangerous. When those safety measures are not functioning properly or are not present at all, the risk of someone sustaining serious or fatal injuries from being struck by an oncoming train increases exponentially. If you or a family member were involved in any kind of accident at or near a railroad crossing recently, you should strongly consider talking with a seasoned railroad accident attorney about your options for obtaining compensation. Depending on the circumstances, a railroad crossing accident lawyer could potentially help you pursue a claim against a negligent railroad company, the individual or entity who owns the land where an incident occurred, or multiple parties at once.
Importantly, railroad operating entities and landowners are not automatically liable in a legal sense for any accident that occurs at or near a railroad crossing. For a claim to be viable, there must be evidence of negligence by one or more parties who had a duty to protect the injured person from foreseeable harm. There must also be evidence proving that the negligence in question was the direct cause of the accident which injured that individual.
Forms of negligence that may contribute to causing railroad crossing accidents include:
Depending on exactly how a particular incident happened, there are numerous parties who could bear civil liability for ensuing injuries and losses. This may include the individual operating the train, the company that owned and/or was responsible for maintaining that train, the private entity or individual who owned the land around the crossing, or a municipal entity responsible for managing local traffic patterns and signals. Driver error can also contribute to railroad crossing accidents, and passengers can be helpless to prevent a crash where both the railroad and the drive rare negligent. A railroad crossing accident attorney could discuss whether a particular incident might justify a claim during a private initial consultation.
A comprehensive case evaluation following a railroad crossing collision should account for both economic and non-economic consequences of the incident, as well as both past and future losses. For example, a claim could seek compensation not only for emergency medical bills and physical pain associated with a victim’s injuries, but also for long-term costs of rehabilitative treatment and lost enjoyment of life due to lifelong disability or disfigurement.
Alternatively, if a railroad crossing accident directly leads to someone’s premature death, a qualified lawyer could help surviving family members pursue compensation for their own losses through wrongful death litigation.
Accidents at railroad crossings are extremely dangerous and cause life-altering harm to families all over America every year. Unfortunately, many such incidents could be prevented altogether if just one person, company, or government authority had fulfilled the duty of care they owed to the injured individual.
In situations like this, guidance from a seasoned railroad crossing accident lawyer could be absolutely essential to protecting your future prospects and your family’s well-being. Contact us today to learn how we could help.
© 2024
Doran & Murphy, PLLC
All rights reserved | Attorney Advertising