Injured In A Train Accident? Get Legal Advice Today
While derailments and crashes are relatively rare, the effects of such events are often catastrophic, leading to permanent injuries and deaths. At Crandall & Pera Law, we have the skills, the experience and the resources you need to pursue a claim for compensation after a train accident. Our attorneys know what it takes to make a successful case and have done so for people across Ohio and Kentucky who have been injured in these types of accidents.
Leading Causes Of Train-Related Accidents
The majority of train accidents occur at railroad crossings. Cars, trucks, motorcyclists and pedestrians are far more likely to be injured or killed in a collision on or near a track. Some of the leading causes of these railroad crossing accidents include:
- Engineer errors. A distracted, poorly trained or intoxicated engineer can easily make mistakes. If he or she fails to maintain proper speed or ignores (or misses) a signal, the train can collide with a car or person crossing the tracks.
- Improper maintenance of and along the tracks. Signals for engineers and drivers must be in good, working order at all times, and the areas surrounding railroad tracks are free from excessive debris and foliage. The tracks themselves must also be maintained, so that pieces don't break off, causing instability in the track or the train.
- Defective parts and missing safety equipment. Mechanical failures can happen because of poor maintenance, but defective or faulty parts may also lead to a collision or derailment. Crossings without signals and gates are far more likely to see deadly collisions than those with active and working safety equipment.
- Driver error. Drivers, passengers and pedestrians must also be aware of their surroundings, especially when it comes to train crossings. Trains cannot stop quickly, and if forced to "jam" the brakes, the train could derail while trying to avoid a collision with a car or person.
People can also sustain serious injuries while onboard a train. Because trains and subway cars are common carriers, they have an added duty of care to safely transport people and cargo (in the case of freight trains, for example) safely. Negligence on behalf of employees that puts people at risk breaches this duty. If you are hurt because of railroad employee negligence, you may be able to make a claim for damages.
An Important Note For Railroad Workers About FELA
The Federal Employers Liability Act, or FELA, was designed to protect workers at a time when trains were the only real way to travel long distances. Since its passing in 1908, FELA has allowed railroad workers to file injury claims if they are hurt on the job or if they developed a serious illness, like mesothelioma. FELA claims are not workers' compensation claims, but they may have different requirements and deadlines than a "typical" personal injury case.
Catastrophic, Life-Long Injuries
To put it simply, trains are massive machines. All of that weight and power, traveling at fast speeds, spells catastrophe if it collides with a smaller, stationary object. Survivors of train accidents may sustain:
- Traumatic brain injuries
- Spinal cord injuries, including paralysis
- Loss of limb
- Permanent loss of vision or hearing
- Organ damage and internal bleeding
- Post-traumatic stress disorder
The most devastating of these injuries is, of course, the wrongful death of your loved one. At Crandall & Pera Law, we understand the fight you have ahead of you after a collision with a train in Kentucky. Our team of attorneys is prepared to advocate aggressively on your behalf. We prepare every case for trial, but have found that this preparation often leads to more just settlement offers from companies and insurers, who hope to avoid going to trial against us.
Protecting Your Rights And Your Future
Dealing the effects of a train accident is difficult; choosing the right trial lawyer to uphold your rights shouldn't be. At Crandall & Pera Law, we focus on the fight so you can focus on healing. To schedule a consultation with an experienced lawyer, please fill out our contact form or call 855-444-6651.