Below you will find the answers to common questions about train-related auto accidents. If you have a question please call us today at 407-490-1271.
What are some of the most common causes of railroad-related auto accidents?
- Train derailments
- Lack of crossing bars
- Mechanical or electrical failures
- Train track, roadbed or structural defects
- Human error / Conductor negligence (i.e. – signal or communication problems, conductor fatigue, distraction or inexperience).
How long does it take for a train to come to a complete stop?
A train can take up to one mile to come to a complete stop.
What should I do if I have been in a train-related auto accident?
- Preserve as much evidence as possible: Take note of circumstances that led up to the accident. Was there an attempt to brake and stop the train? What were the weather conditions outside? Where did the impact occur? Use your cell phone to take pictures of any noticeable injuries.
- If your vehicle was hit, notify your insurance company: Keep in mind that insurance companies will likely hold the company’s interest above your own.
- Hire an experienced auto accident attorney to handle your case: Train-related accidents can be devastating and are often catastrophic. These cases are complex and require a knowledgeable and skilled personal injury attorney to help you file a lawsuit and obtain compensation for medical bills, future medical treatment, loss of wages, pain and suffering, etc.
- Keep discussion to a minimum: Speak with an auto accident attorney with experience in train-related accidents before discussing specific details with investigators, etc.
Who can be held liable in a train-related accident?
When a train accident injures passengers onboard, the passengers may have a claim for negligence against the train operator and railway owner. If the accident was caused by a defective or malfunctioning train or railway part, then state product liability laws permit the passengers to pursue a claim against the parties that manufactured, sold, installed, repaired or serviced the part.
If a court finds that the owner or operator of the railway’s negligence caused the train accident, resulting in injuries or deaths, passengers or their family members have the right to collect money for damages, which can include medical expenses, pain and suffering, and loss of income.
Multiple factors as well as multiple parties may have played a role in causing the accident. All responsible parties must be identified and a claim must be filed before the statute of limitations expires. For example, if a government-owned railroad is at fault, the injured party may have to provide special notice of the claim to the railroad within a limited amount of time, sometimes only 30-60 days.
More Train-Related Auto Accident Resources
- Train Accidents Overview – From Justia
Get Answers To Your Train-Related Auto Accident Questions
If you have been in a train-related car accident or have additional questions please call us right now at 407-490-1271 to put our team of Orlando Auto Accident Attorneys to work for you. We understand that dealing with an auto accident can be very difficult and trying, with that knowledge we want to get the best possible result for your case.