If you have been involved in a train accident, it is possible you do have grounds to sue the railroad company. There are a lot of moving parts involved, and your ability to file a lawsuit will depend on a number of factors, including what you did during the accident. Here are some considerations to take into account to see if you might win your case.
Collision With a Train in A Car
If you or a loved one has been involved in a collision with a train, whether or not you have grounds to sue will depend on how the collision occurred. For example, did you drive across the tracks while the barriers were down? Did your car become stuck on the tracks, and you were unable to dislodge it in time? Is it possible your car failed to slow and stop and crashed into the side of the train? Then you most likely will not be able to win a court case.
Depending on what happened to make your vehicle collide with a train, you might have some grounds in which to file a claim. The barriers might have failed to lower, or perhaps the pavement that goes over the tracks was in disrepair, causing you to become stuck on the tracks. These are just some reasons you could use to win your case in the event of a collision with a train while in your car.
While not as common as car collisions with trains, two trains have been known to collide as well. In this event, it will depend on which train was at fault for the accident. Did one of the trains run a signal light? Were there any structural defects onboard the train or with the rails themselves? Have there been any maintenance problems or electrical failures? These collisions can also be caused by human error, like missing the signal lights or speeding.
In order to sue the railroad, a claim must be filed within a very short time period—your lawyer can advise you on the timeframe, as it changes with each railroad. It must also be determined that it was negligence or poor maintenance of either the train, signals, or tracks in order for you to win your case. Railroads must follow certain regulations to ensure their passengers and cargo are safe, and if they fail to do so, you very well may have a case you can win.
To learn more about personal injury cases, check out websites like http://www.injuryattorneylafayettein.com/.Share