Train and Railroad Accident FAQs
I was in a train accident; what should I do?
The first thing that you should do if you’ve been involved in a collision or other accident involving a train, is to seek medical care. If you are able to, it is also a good idea to take pictures at the scene of the accident, and get contact information and statements from any witnesses who may be present. It is also good to consider getting in touch with an experienced rail road accident attorney. You can be certain that the rail company and its insurance will have their own team of experts, and it makes sense to work as quickly as possible to ensure your own rights as a victim.
What constitutes negligence in a railroad accident?
Negligence is defined as a failure to use reasonable care while operating a train, in the case of rail road accidents. The question of who specifically was at fault may take time, because there are multiple factors at play. Once the determination can be made for who was responsible for causing the accident, a claim can be forwarded; for example, a train operator is considered an agent of a transportation or freight service, so if the operator may be personally responsible, the claim could be valid against the service. In other scenarios, there may be multiple responsible parties, including the service and the manufacturer of a given part.
What kinds of claims can be filed after this kind of accident?
The type of claim that you can file following a rail road accident is determined by the type of accident that you had and the extent of the incident. For example, a personal injury claim would potentially be the path to take in a situation if carelessness or negligence is the cause of the accident. The train company may also be held liable if inadequate equipment or procedures caused the accident. Finally, victims can sometimes press claims of product liability if a manufacturer, distributor, or designer of a train part is responsible for the accident.
To whom can I make a claim if I am injured in a railroad accident?
The answer to this question varies with scenario; however, the short answer is that you can make a claim against any person or entity who was responsible for the collision or other rail accident. This includes the railroad company, the light rail transit company, as well as the city or local jurisdiction. In the case of product liability, you can also make a claim against the manufacturer, or potentially the designer, distributor, or other parties involved in a defective part.
Because rail road accidents are complex, it is an excellent idea to retain the services of an experienced attorney as quickly as possible. While you or your loved one are recovering from the injuries you sustained, the train company will be assembling its defense against your case, and the best option for maintaining your rights is to work with a law office that knows what kind of evidence you need, and what the best course of action will be. Deerfield beach personal injury attorneys Zimmerman & Frachtman have extensive knowledge and expertise in train accidents and can provide the assistance you need to get the compensation you deserve.