Train accidents are very complex affairs. When a
train derails, the federal government investigates and local authorities respond immediately.
Personal and real property adjacent to the tracts can be damaged and even
worse, passengers as well as train employees may be injured and killed.
It is hard to believe that one accident can involve so many people and
so many different laws. Such is the case for many reasons, first and foremost
because trains are so large and dangerous, train companies are also common
carriers, and their work affects the public as well as interstate travel.
These issues are keener during summer travel because more people will
travel on the road and on trains.
Negligence is a primary cause of train accidents and derailments, and
experienced Poughkeepsie, New York personal injury attorneys know that train accidents might not have happened otherwise. Negligent
acts include driving a train too fast, without enough sleep, or under
the influence of drugs and alcohol. Negligence can also arise when railway
equipment is defective; either due to being in disrepair or when installed
incorrectly, and even when safety equipment is missing. In short, conductor
error, track defects, and/or signaling devices can be the source of a
negligent accident. There have been times when railway crossings have
been defectively designed as well.
While the causes of
train accidents can be common, every accident is not the same. Train accident personal
injury litigation will be approached differently when the collision was
a derailment, train versus car accident, or in a train on pedestrian accident.
It is also important to refrain from comparing train accidents to other
types of accidents; train collisions are unique in the transportation
industry and cannot be likened to bus accidents, plane accidents, or car
Let us process a couple scenarios. First, consider a
train derailment. This is a simpler one to understand. Mostly because train derailments
point directly to some form of negligence. For example, driving too fast
or texting while operating the train are known to cause train derailments.
These actions are negligent; passengers, employees, and bystanders are
entitled to sue the train company for damages when this type of negligence occurs.
Train versus car or pedestrian accidents are a bit different. These collisions
can indicate negligence on both parties. In New York, an injured plaintiff
can still sue a negligent defendant even if the victim was negligent too.
An experienced attorney will help injured victims understand this concept.
Learn more about summertime vacation travel and how to prevent roadway
accidents and injuries in
our latest article posted here. Read more about summertime bus accidents and bringing your claim inour blog posted here. Learn more about commercial vehicle accidents and injury compensation in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.