Your Guide To Receiving Compensation After a Train Accident
First used in the early 1800s, trains have a long and valuable history within the United States. Though the prevalence of trains has decreased over the years, trains are still an appreciated form of transportation. Those who ride trains choose this mode of transportation for reasons such as cost, comfort, enjoyability, and more. While riding a train is a relaxing mode of public transportation, accidents that involve trains often include catastrophic results. If you or a loved one has been injured or killed because of a train accident, you may be entitled to receive compensation.
Common Cause of Train Accidents
Accidents are usually unforeseen, and railroad accidents can occur due to a plethora of reasons. Though each accident has its own set of special circumstances, the most common causes of train accidents are:
- Negligence: Whether a railroad worker, manufacturer, or railway company has been negligent, carelessness will often lead to mistakes and eventual accidents.
- Derailment: Derailment is when a train runs off its rails. It can be caused due to reasons such as broken tracks, operational error, failure of the wheels, and more.
- Reckless Behavior: Accidents can happen because of reckless and impatient behavior from pedestrians and drivers. In some cases, pedestrians can get hit because they were distracted or chose to ignore warning signs of an oncoming train. Similarly, drivers who ignore signs and continue to drive despite warning can become involved in a train accident as well.
- Lack of Proper Railroad Protection: Sometimes, railroads are not properly protected to adequately warn citizens about an oncoming train. As a result, pedestrians and drivers should always be alert so they can recognize oncoming trains from a distance.
Who Can You Sue?
If you have been involved in a train accident, you can sue anyone that was responsible for the accident. This includes the train operator, railroad company, or any other vehicle that played a role in the accident. In Florida, you will have three years from the accident date to file a Notice of Claim about the accident.
When a Passenger Has Been Injured
Passenger injury is not only limited to train collisions, but they can sustain injuries while boarding or leaving the train as well. If a railroad company or employee is negligent in providing adequate care and protections for their passengers, they can be held liable for the passenger’s injuries.
When a Bystander Has Been Injured
Bystanders can receive compensation, depending on fault in an accident. If a bystander is struck by a train due to unprotected crossings, defective equipment, or overall negligence, then the bystander is entitled to compensation from the party at fault. However, if an accident is caused due to a bystander’s negligence or refusal to heed caution, then the bystander may not be able to receive compensation.
In Need of a Personal Injury Lawyer?
If you or a loved one has been involved in a train accident, our experienced Orlando train accident lawyers at Payer Law can accompany you through the entire legal process. To speak with one of our personal injury attorneys, please give us a call at 866-930-1238 to schedule a free consultation today.