Submit your Personal Injury claim details for a free, no obligation case review.
Get Started:
A railroad crossing accident is a devastating event that can claim the lives of, or cause serious injury to, all parties involved. Railroad crossing accidents can cause injury to train conductors, engineers, and passengers, car, school bus, and motorcycle drivers and passengers, and pedestrians. There are approximately 3,000 railroad accidents every year in the United States which claim the lives of one thousand people. A railroad crossing accident poses a major threat to those people, especially in populated areas, where railroad lines cross major roads.
There are approximately 223,000 railroad crossing points throughout the nation. Approximately thirty seven percent, or 82,000 crossings, are not gated. The risk of a railroad crossing accident is seven times greater at crossings without gates than at crossings with gates. Crossing gates are those which lower as a train approaches in order to prevent pedestrians and vehicles from entering into danger.
In addition to lack of adequate crossing gates, there are several other factors which can contribute to a railroad crossing accident. Inadequate visual and auditory warning devices at railroad crossings can be the cause of a railroad crossing accident. Crossings with obstructed views for either the train operator or anyone near a crossing can also create a greater risk of a railroad crossing accident. Defective railroad tracks, excessive cargo loads, poor maintenance of the train or track, and increased train traffic are also factors which can contribute to a railroad crossing accident. Collisions, derailment, and accidents due to human error or mechanical failure can all cause or contribute to railroad crossing accidents.
There are several cases when a railroad crossing accident is the result of railroad company negligence. Railroad companies have a responsibility to make railroad crossings safe, to maintain tracks, trains, and crossing areas, to provide adequate warning of an on-coming train, and to take all precautions to prevent a railroad crossing accident. If a railroad company fails to prevent a railroad crossing accident, they can be held liable for any damages that were caused by the accident, including property damage, physical injury, and loss of life.
When a railroad employee is the victim of a railroad crossing accident, they can seek compensation for their damages against their employer under the FELA, or Federal Employers Liability Act. This is a federal law established in 1908 that allows an employee to seek compensation for work-related injuries from a negligent employer. Through FELA, an employee can seek relief for medical expenses, loss of income or earning potential, partial or permanent injury, and psychological suffering caused by a railroad crossing accident. Non-employee victims in a railroad crossing accident also have the legal right to seek similar compensation through a personal injury or wrongful death tort lawsuit. The laws governing compensation in a railroad crossing accident are complex. A qualified and experienced legal professional can protect and maximize your interests in a railroad crossing accident lawsuit.
After a New York Times article published in July 2004 said Union Pacific fails to properly report fatal accidents along its tracks, the railroad company said it would develop a camera system. The digital cameras and microphones attached to its locomoti...
Nearly 130 commuters and crew were injured after an April 19 train accident. Caused by an error because of a train engineer, Amtrak and Long Island Rail Road trains bumped into each other in the Penn Station tunnel. Since both railroads are liable for ...
A nine-car Amtrak train derailed the night of April 6, 2004, traveling from New Orleans to Chicago. About 25 miles north of Jackson, the train derailment believed to be an accident was declared a state of emergency. Of the 68 passengers and 12 crew mem...
Copyright © 2001 - 2009 Online Lawyer Source | Legal Marketing Site Designed by eJustice