Aggressive Representation After A Train Accident
The train is a popular mode of transportation for millions of Americans who commute to and from work on a daily basis. “Generally, people think traveling by train is a safer option compared to cars and even airplanes, and in most cases, they are correct,” says our experienced train accident attorney at The Hayes Law Firm.
However, when there is a train accident that makes national headlines, people start wondering, “Wait, are trains really that safe?” It is true that there is no guarantee that you will not get hurt while riding a train during your morning or even commute, especially during rush hour, when trains get crowded and there are more safety hazards around a commuter.
How Common Are Train Accidents?
Unfortunately, train accidents in Southern California are more common than we think. A large percentage of train accidents occur when cars, large vans, or trucks stall or are abandoned on railroad tracks. Other causes of train accidents include but are not limited to train operators getting distracted, trains or its parts and components malfunctioning, as well as faulty signals at road crossings over rail lines.
Fact: Each year, more than 15,000 train accidents occur in the United States. These accidents include derailments and train-motor vehicle collisions.
How To Pursue Compensation After A Train Accident
Despite the fact that the vast majority of train accidents do not go unnoticed by local newspapers, all that public awareness given to train crashes and derailments should not stop you from collecting evidence at the scene. Many victims of train accidents have no idea what to do after a train accident. If you have been injured or suffered property damage or loss, you may want to notify the police about it, and, if necessary, seek medical attention.
If a train collided with your motor vehicle, notifying your auto insurance company will be an important step. However, doing so is tricky, because insurers never settle claims in your best interest.
Do I Really Need An Attorney?
While proving that the train accident took place will not be difficult, considering that finding witnesses of train crashes is usually easy due to their publicity and newsworthiness, it may still be difficult to prove that you are entitled to compensation. Representatives of your insurance company will always hold the company’s interests above yours. Do not be fooled by their kindness and “eagerness” to help you.
That’s why seeking legal help from a knowledgeable train accident lawyer is highly advised to ensure that your case is handled fairly. Your attorney is the only person who can protect your rights because he or she understands all those complicated laws surrounding your claim and knows the meaning of all those confusing legal terms.
Who’s Liable For My Damages And Losses In A Train Accident?
Depending on the nature of your particular train accident, there may be several parties who can be held liable for your damages and losses. Determining liability requires the help of accident reconstruction experts, engineers and many other experts.
Some of the parties who may be sued after a train accident include:
- The company that owns and operates the train involved in the accident (for example, the company can be sued for negligent training or supervision of train operators or other employees whose job is to ensure the safety of passengers and reduce the risk of train accidents);
- The company that owns the section of tracks at which the train accident occurred (these companies have a duty to maintain their tracks in a safe and working condition at all times);
- A motorist involved in the crash (for example, there was a train-motor vehicle collision, which was caused by the motorist’s failure to obey traffic rules); and
- The manufacturer of the train’s engine and other parts and components (the plaintiff will be required to prove that the defective piece of equipment was defective when it left the manufacturers’ possession and that the equipment was used in a reasonably foreseeable manner).
As you can see, determining liability for a train accident can be a herculean task, which is why it is advised that you speak to a skilled personal injury attorney to discuss your particular case.