Who’s Fault is a Train Accident?
Last week, I expressed my love for gyms. This week, I want to address something else I love – trains.
I love trains.
I studied abroad in London while I was in college, and to this day, I swear, when people ask me what my favorite part of London is, I tell them the Tube (the underground subway system there). I’ve got a poster in my house that’s just a map of the Tube system. I love riding on trains – probably because I love traveling but I hate flying and driving can be a pain. I mean, would you rather drive your car into New York City, deal with traffic, crazy drivers, and ridiculous parking prices, or pay $20 to take the train and have everything taken care of for you? Um, I’ll take the train ride, please!
But, as awesome as trains are, they carry some risk. Today, I’ll be addressing the problem of train accidents and injuries that occur as a result of them. If you’ve been injured in a train accident, learn here about in what cases you can make a personal injury claim.
I’ve talked about this before, but if you can prove negligence in a case, you probably have a legitimate personal injury claim. If one or more parties involved in the train accident are at least partially responsible because of their negligence, they can be held responsible for your damages:
- Government agency
- Train company
- Train employees
- Railroad employees
- Equipment manufacturers
Keep in mind that train accident cases are rarely straightforward. In order to recover damages from a train accident, you will have to prove what caused the accident, who is responsible, legally speaking, and you will have to take into consideration specific laws applicable to your case, as well as the statute of limitations for filing a claim. This will mean launching an investigation into the accident, gathering facts and evidence, and, on top of that, proving your injuries. Of course, all of this is possible, but it can be time consuming and costly.
Common Causes of Train Accidents
Some common train accidents that occur in the United States include:
- Defective safety devices
- Defective equipment
- Negligence of train employees
- Negligence of train operators
- Inadequate maintenance of the train itself or it’s equipment
If the accident you were involved in occurred for one of these reasons, a personal injury lawyer with experience in train accidents has probably handled a case similar to yours.
Keep in mind that if an injury occurred because of your own negligence, the train company will not be held liable in most cases. For example, if you were injured while trying to get on or off a moving train, if you refused to wear a seatbelt, or did something else to endanger your safety, the injuries you have sustained will be your own fault and not the fault of the train company.
If you feel that you have a case to be made against a train company, contact a personal injury lawyer. Such a lawyer can help you work out the facts of your case and help you take the next step.