A train is engaged by the law to carry every passenger safely. The passengers, in turn, should observe all rules and regulations. When one party deviates from this, train accident may occur.
Thousands of Alaskans are injured every year due to negligence. If you have suffered injuries from a train accident due to negligence, the train company may be liable for your damages. Nevertheless, to prove negligence, you have to show that the train company never took the required measures to keep you safe from being injured.
Negligence Resulting To Train Accidents
Every train company is responsible for ensuring they comply with the required standard of care. If this doesn’t happen and an accident occurs, one may contact train accident attorneys to help file a claim. If you have been involved in a train accident, a successful claim is possible if you can demonstrate the below negligence:
- Lack of employee training: Failure to have employees trained may not only affect them but the company as a whole. Thus, a company may be held liable for mistakes concerning job safety by untrained workers. For injuries suffered under such circumstances, one can file a claim alleging that the company violated OSHA standards.
- Failure to follow signs: Train crews have a responsibility to be on the lookout when approaching a rail crossing. Also, train whistles should be blown in compliance with state laws. Failure to do this is negligence. In a lawsuit, a successful claim depends on how the juror can determine whether such acts were the accident’s proximate cause.
- Irregular or inadequate rail inspection: The rail company is obligated to keep examining rail tracks for any flaws which may result in disasters. Inspection may reveal things like damaged rails or rail squats. While the first leading cause of train accidents is human error, studies show that the second leading cause is track defects. For injuries suffered under these circumstances, you have to prove that poor management to inspect external flaws led to the accident.
Most of the train accidents that emanate from the above negligence are either for rail road employees, pedestrians, or motorists hit by a train. The liability of injuries or property damages suffered by passenger or pedestrians depends on how one can show:
- Breach of duty
- Proximate cause
Whether your injuries emanated from the railroad employee or the railroad company, negligence will be based on the evidence of failure to use reasonable skills and care. To get compensated, you should show that the defendant failed to exercise reasonable care where a prudent person would have acted differently given the same circumstances.
Possible Claims Against Rail Company
The above negligence may apply to particular cases such as:
- Pedestrian: The railroad company is under obligation to prevent any vicinity on the rails. For instance, special care should be taken on areas where it’s anticipated that pedestrians must be present on the rack and would require the rail company to have reasonable care.
- Car collision: This all comes down to visibility issues. If a driver can prove there was obstruction such that he/she had no view of the train or any other factor that could have obstructed them from exercising ordinary care for their safety, they may win their claim. However, everyone approaching a railroad crossing is duty-bound to be on the lookout for any oncoming train. Where it is not clear whether one does so, it is presumed they acted reasonably. Such assumption may help when one is to file a wrongful death claim, and no one was present to witness what the deceased did prior to the impact.
- Employees: In the above cases, expert testimony may be vital. Those experts have the know-how of such issues and can help explain the technicality involved. An employee can collect damages under FELA. However, the court has to consider how the employee suffered injuries. An employee how has been injured should get to learn about railroad worker injuries and filing FELA claims. He/she should show that the railroad company’s (employer) was negligence which led to their injuries. To get the best expert, one may get references from those who have used such train accident experts in the courtroom.
Hiring A Train Accident Lawyer
A lawsuit against train accidents is among the most complex cases. But when one chooses to be represented by a lawyer, this may be the most satisfying undertakings. The complexity arises from following special laws covering everything from the start and stop of the train, mechanical issues that may be too tough for jurors and other challenging issues such as having tough defense counsel. Despite that fact, many train accident victims find it easier to hire experienced train accident lawyers to handle their injury cases.
The truth is that identifying the defendant is often tricky. If you have no idea of what kind of negligence may apply to your train injuries, you can accomplish your task of liability by hiring a train accident lawyer.