San Bernardino Train Accident Lawyer
While many people have phobias about flying, you are more likely to die on a train ride than you are on an airplane. If you look at deaths per passenger-miles, trains are significantly more dangerous than flying. For every billion passenger-miles on a train, 0.43 passengers die. In comparison, only 0.07 passengers die for every billion passenger-miles on a plane. If you or a loved one has been injured because of an accident, a train accident attorney can help.
What Is Considered a Train Accident?
According to the Federal Railroad Administration (FRA), an accident may involve a derailment, a collision, or other reportable events that may or may not cause damage. Impacts between highway users and on-track equipment are counted as train accidents. If an incident causes an injury or fatality, it is considered a train accident or incident.
When it comes to reporting an accident in San Bernardino, accidents are divided into three different groups. A train accident is technically a safety-related event that involves on-track rail equipment. This equipment may be moving or standing in place. The resulting monetary damage must be above a certain level to count in the official statistics.
A highway-rail grade crossing incident is basically when a rail user and a highway user impact each other. This may occur on an actual highway, but it may also happen with users of walkways, sidewalks, roads, and other paths. If the incident is not a part of the preceding two categories, it is classified under the third designation for other incidents. This additional section includes things like occupational injuries of railroad employees, so it is a fairly broad category.
What Causes Train Accidents?
While a train accident lawyer can discuss the different definitions of a train accident, most people think of an accident as some kind of crash. Unfortunately, there are several reasons why train accidents and crashes occur. Sometimes, drivers try to beat the train by racing across the railroad lines. An accident can happen because of reckless pedestrians and drivers. It can occur through negligence, mechanical failure, human error, defective tracks, or derailment. It can happen because the train’s driver is going too fast. If there is a stalled car on the track or an unprotected crossing, an accident can occur. In tragic cases, train accidents occur because of suicide attempts.
The Different Types of Liability Involved
As your train accident lawyer will tell you, there are different kinds of liability involved in a train accident. For example, different types of accidents can lead to passenger injuries, bystander injuries, and railroad worker injuries. If you are a railroad worker in San Bernardino, your injuries may already be covered through the Federal Employers’ Liability Act (FELA). This act protects railroad workers who have been injured during the scope of their employment. To qualify under this act, you must work for a railroad that is engaged in interstate commerce between at least two different states. ‘
The railway owner or train operator may be responsible for the crash, but a specific manufacturer may also be liable for the accident. If a malfunctioning railway or train part led to the accident, then there may be state product liability laws involved. The mechanic or company responsible for servicing defective parts may also be liable as well. Because liability can be extremely complex, it is essential to talk to a skilled train accident attorney about your case if you have been harmed from an accident.
Who Can Sue After a Train Accident?
If you have been injured following a train accident, you can seek redress for your injuries. You can also sue on behalf of your loved one if they die because of a train accident. While it would typically be difficult to sue an employer, the FELA allows railroad workers to sue their employer if they have been injured. To find out if you are able to sue after an accident, talk to your train accident lawyer before filing your case.
What Types of Injuries Can Happen?
Getting into a train accident can lead to a wide variety of injuries. You may develop spinal injuries, broken bones, and damage to your internal organs. Some injuries are so severe that they make it impossible for the victim to walk or have a normal life. In some cases, train accidents even kill passengers or drivers involved.
After getting into an accident, you can recover damages for your past and future medical expenses. You can also seek lost wages as well as damages for pain and suffering in the past and future. If someone dies because of the train accident, their survivors are entitled to get full compensation for their economic losses and damages for their emotional distress.
Why You Need a Lawyer After an Accident Occurs
After a train accident, it can take months or years to recover. In some cases, people never completely recover from their injuries. While you work on healing, you cannot work and pay for your bills. With the help of a train accident attorney, you can seek just compensation for your injuries.
Unless you have attended law school, you probably do not have experience navigating the justice system. Unfortunately, the opposing side’s lawyers have plenty of experience with winning cases. If you want your case to have a good chance of winning, you need the right legal representation.
A qualified attorney can help you build your case and compile evidence. While you focus on healing, your lawyer can negotiate a settlement or prepare your case for the courtroom. Through the help of an experienced attorney, you can reach the outcome you deserve. If you have been harmed because of a train accident, contact the legal team at Rizio Lipinsky today to get help.