It’s estimated that more than 3,000 train accidents occur annually in the U.S. Because of these accidents, around 1,000 people lose their lives.
Railroad accidents can occur in many forms. They can involve a collision with another train, bus, or vehicle or be an issue with a fire or derailment.
If you are involved in a railroad accident and want to receive compensation for your injuries and damage, you must prove fault. This can be challenging in these situations. Keep reading to learn more about receiving compensation after a railroad-related accident here.
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What’s Needed to Bring a Successful Compensation Claim?
If you want to resolve your claim successfully after a railroad accident, you must file a claim as soon as possible. Hiring attorneys from felaattorney.com is a smart move.
Having an experienced railroad accident lawyer investigate the situation, gather statements from eyewitnesses, and file the needed documents can be invaluable for any case.
The investigation into the situation can determine what caused the situation.
Common Causes of Railroad Accidents
Some of the most common causes of railroad accidents include:
- Maintenance problems
- Structural defects
- Mechanical or electrical failures
- Track or roadbed issues
- Human error
- Driver inexperience or fatigue
In any railroad accident or situation, one or more factors could have contributed to what happened. If you were injured by a train accident, you must identify the at-fault party.
There are a few parties who may be considered at fault, which include:
- Government agencies
- Train conductor or operator
- Railway maintenance crews
- Train car or engine manufacturer
- Railway maintenance crews
- Railroad company
- Property owners
In some cases, more than one entity may be considered at fault.
Common Types of Railroad Accidents
You will find there are a few common types of railroad accidents that can cause injuries and damages. The most common are listed here.
Train Hits Pedestrian
This happens more often than most think. Usually, accidents like this result in the death of the victim.
Train and Vehicle Collision
While the driver of the vehicle is sometimes to blame, this is not always the case. In other situations, a train may not signal, the gate may not work, or the train does not stop when it should.
Passenger Injury on Train
While passenger trains have high standards of care to keep everyone safe, issues can arise. When this happens, the injured party may be able to recover compensation.
Train Derailment
Derailments occur if a train comes off the tracks. If this happens, it can injure railroad employees and passengers. It can also cause damages to nearby residents.
Understanding Negligence in Railroad Accidents
It doesn’t matter who you file your railroad accident case against. In most situations, the lawsuit will be filed for negligence.
With this type of legal action, the premises are that the at-fault party (defendant) did not act like a reasonable person would in the same situation. If dealing with a common carrier or vehicle driver, the standard is usually considered a trained professional in the same position as the at-fault party.
According to law, it is necessary to not only allege but prove; the entity breached the legal duty you were owed. You must also prove this breach resulted in your injuries and damages.
Elements of a Railroad Accident Case
If you want the best chance of resolving your claim successfully, you must prove four things in your case. These four elements are listed below.
1. Duty of Care
The train operator, a railroad company, conductor, brakemen, and mechanics all have a duty of care. This duty of care is to protect you, the passenger, or someone in public, while repairing, owning, or operating the train.
The duty includes not operating the train while impaired or distracted, engaging in routine inspections, and maintaining the equipment. The railroad company has the legal responsibility to ensure that all employees have proper training to safely conduct their jobs.
2. Breach of Duty
It is important to prove there was a breach in the duty of care. This breach must also be proven to be caused by the accused party.
3. Causation
You must establish a direct link between the railroad company’s negligent acts and the injuries you suffered. This part of the case can be complex, so having an attorney help with the case is a must.
4. Actual Damages
There must be a correlation between the situation and the monetary damages you are claiming. Usually, you can provide proof with medical bills, wage statements, expert witness testimony, and more.
Types of Compensation in a Railroad Accident
If you were involved in a railroad accident, you might be able to claim financial recovery for past and future medical costs. Other costs you may be able to recover include burial costs, funeral expenses, lost income, and other tangible damages.
It may also be possible for you to recover intangible damages. This includes things like loss of normal life, grief, mental anguish, suffering, and pain.
Understanding Your Rights After a Railroad Accident
After being involved in a railroad accident, you need to know your rights. If you want to find out what type of compensation you may be eligible to receive find and hire an experienced railroad lawyer.
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