Florida Train Crash Injury Attorney
When a train accident results in injury, there may be cause to file a negligence claim against the train’s owners and/or operators. Railroads are considered common carriers. Common carriers are entities that transport people or goods in exchange for a fee. Common carriers are held to a higher standard of care than traditional drivers and are responsible for ensuring that their passengers and cargo safely reach their destination. If failure to provide a high standard of care leads to an accident, the carrier can he held liable for injuries or wrongful death.
Causes of Train Accidents
Train accidents can be caused numbers different factors including, but not limited to:
- Defective equipment
- Mechanical problems
- Driver under the influence of alcohol and/or drugs
- Excessive speeding or other reckless behavior
- Driver fatigue
- Driver inexperience
Many train accidents can be attributed to maintenance issues, defective products or human error. If an owner or operator is proved to be negligent in a train accident that caused injuries or death, the victims or the victims families may be compensated for medical expenses, lost wages, pain and suffering, etc. Additionally, product liability lawsuits may be brought against railroad companies or manufacturers due to defective equipment.
Railroad Crossing Accidents
Railroad crossing are inherently dangerous and a railroad company will have strong defenses in place to shield them from liability if an accident occurs. If there is no statute requiring gates at a railroad crossing, then there is no duty to supply them. However, for crossings where there is heavy traffic or where a view of an oncoming train may be obstructed, a railroad company may be found negligent in not providing gates.
Likewise, the obstruction a a view of an oncoming train may prove a breach in care. Broken or poorly maintained lights or signals can result in a breach of duty. Also, train operators must act with care and offer warning of an oncoming train, usually through the use of a bell or whistle. If a train operator neglects to give warning that a train is approaching a crossing, he or she may be held liable. If you have any questions regarding liability at a railroad crossing, contact the attorneys from Wolf & Pravato.
Wolf & Pravato Law Firm
Train accident claim can be complex, particularly if you are trying to file a claim against a government entity. Do not let time run out. Contact Wolf & Pravato as soon as possible after your accident. Justice is not automatic; we will fight for you.