Legal Considerations in Train and Railroad Accidents in New Jersey
In America, around 3,000 train accidents occur on railways every years, claiming the lives of almost 1,000 people. Although this is a low number compared to yearly car and truck accidents on American roadways, it is still cause for concern. Laws and safety regulations help increase overall prevention, but they are still happening more often than they should be. Laws, common causes, and negligent parties are all important factors to consider in regards to train accident injury cases.
Common Causes of Train Accidents
If you were injured in a railway accident, you will have to establish causation of the accident in order to file a personal injury claim. This is also important to determine as it will help in figuring out who was at fault for the accident and who you will have to sue to get your settlement.
Common causes of train accidents include:
- Mechanical or electrical failures
- Failure to maintain railways
- Track defects
- Signal errors
- Distracted pedestrians
- Suicidal pedestrians
- Human Error
- Cars stalling on train tracks
- Lack of protection at railroad crossings
- Accidents with other vehicles or train cars
Negligent Parties and Accident Fault
Once you have established causation, you can then find the negligent party that should be sued for damages. This could be the fault of contracted maintenance workers, manufacturers of the train or train parts, manufacturers of safety equipment or tracks, the railway owner, the driver of the train, an individual who was drunk and parked on a track, or possibly others. All of this highly depends on how the train crashed and why. A quality attorney can help get evidence gathers to find the likely faulty party.
Federal and State Railroad Laws
There are many railroad safety regulations and laws on both the Federal and state level in place to prevent railroad accidents. These could include such things as how often maintenance work should be done on tracks and train cars, proper use of train horns, signals, and safety equipment, train speed limits, and more.
Most of the Federal laws fall under the Interstate Commerce Act, and these are more directed at common carriers, which are specific railway transportation entities that have designated routes and scheduled for transporting materials, goods, or people. Common carriers are not limited to railways, but that is not an important detail here.
The Federal Railroad Administration (FRA) specifically runs the scene involving all railroad operations and is responsible for creating and regulating their safety guidelines and rules.
Contact a Howell Personal Injury Lawyer to Discuss Your Railroad Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a railroad accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lombardi & Lombardi represent clients injured because of railroad accidents in New Brunswick, Piscataway, Lakewood, Old Bridge, and throughout New Jersey. Call 732-564-7165 or email us to schedule a free consultation about your case. Our main office is located at 1862 Oak Tree Road, Edison, NJ 08820, and we also have offices in Edison, Brick, Freehold, and Point Pleasant Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.