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Train and Railroad Accident Lawsuits
Every day, people use rail travel to get where they need to go. Freight trains are essential to the economy, and commuter trains are critical sources of public transportation. As vital as these services are, when something goes wrong, trains can quickly become deadly for passengers, rail workers, and bystanders.
Train and Rail Safety
The deadly crash of Amtrak Train 501 in Washington serves as a reminder of how quickly rail accidents can occur. The train was on its first run carrying passengers on a new high-speed line when it derailed on a curve outside of Tacoma. Cars fell from a bridge above a highway, pinning vehicles underneath. Several cars were left dangling from the bridge. Almost 100 passengers, workers, and vehicle occupants were injured, and several people were killed. As always, the victims of this tragedy paid the price for the actions and behaviors of someone else. Most people are unaware of the safety record of popular railways. But statistics and accident reports published by the Federal Railroad Administration suggest that traveling by rail may not be as safe as you think.
In one year alone, thousands of train accidents occurred killing hundreds of people and injuring thousands more. Between January and September 2017 more than 8,000 train accidents were reported resulting in the deaths of 699 people, though these statistics do not include any accidents that occurred at railroad crossings or that happened after September.
Causes of Train Accidents
The most common types of railway accidents involve train derailments, train collisions, railroad crossing accidents, railroad worker injury, and rail employees suffering toxic or hazardous materials exposure. Surprisingly, human factors are behind most train accidents. In fact, the FDA reports that of the five top reasons for train accidents, human factors were the leading cause and responsible for more than 36 percent of the accidents that occurred in 2017.
The most common human factors involved in rail accidents are:
- • Not applying or removing a derail safety device
- • Not ensuring the track is clear ahead before starting
- • Failing to lock a train switch
- • Mispositioned track switches
- • Rail cars left in areas that interfere with adjacent tracks
- • Operating over a previously damaged track switch
- • Failing to properly control movement when shoving cars
- • Failing to have point protection to monitor movement and conditions
Between track defects and human error, it was evident that better protections were needed to increase the safety of railway work and travel. The FRA pushed for improved safety with the Positive Train Control System. PTC systems work with GPS systems, track sensors and radar to allow a train to be controlled remotely by computer. PTC can prevent train collisions, stop trains from traveling into work zones, and can keep a train traveling on the correct track even if a switch is not in the correct position.
Basically, PTC removes many of the human factors that can lead to accidents. But these systems are expensive, and even though all trains were to have PTC installed by 2015, the industry received an extension on the deadline until 2018.
When Negligence Leads to Accidents
If a passenger, bystander, or railway worker suffers serious or fatal injuries because of the negligence of a railroad company, the law says the company may be held liable for any injuries or deaths caused by that negligence.
Railways have a high duty by law to provide safe working conditions for employees and provide safe travels for passengers. This means that everything from the track to tools and equipment to boarding platforms must be regularly inspected and maintained in good working order and workers must be properly trained. If a railroad company fails this duty, anyone who suffers injury may be entitled to hold the company responsible and seek compensation for their injuries or losses.
Anyone who is injured or the family of someone who was killed in a train accident can file an injury claim with the company. A railroad claims adjuster will reach out to you and liaise with the company and you or the family. The adjuster reviews the case, analyzes your injuries or losses, and evaluates the awards typically given for similar injuries, and reports their finding to you and the company. A final benefits determination is then made, and you are compensated.
But the fact is, railroad companies are in the business of making money not paying money, and they will often do whatever it takes to limit the amount of liability they have in accident cases. Wrongful death claims and injury claims can be very costly for the company, so they will enlist the aid of a team of lawyers to protect their bottom line. You need a team of attorneys fighting for your best interests.
Contact Us Now – We Can Help
For decades, we have fought to hold negligent companies liable for the losses and injuries they cause. We don’t let negligent parties short-change your pain, suffering, or grief, and we ensure you get the justice you deserve.
If you were injured in a train accident or if someone you loved died in a railway accident, contact us now to learn more about your rights in train accidents and whether you are eligible for financial compensation for your injuries and losses.