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Train Accidents
In January 2007, a CSX freight train hauling chemical cargo derailed and ignited outside of Louisville, Kentucky, forcing the evacuation of homes, closure of local roads and sending students home from school. Twenty-five cars went off the track and at least 14 caught fire, and the state ordered the evacuation of all homes within one-mile of the accident. About 30 people had to be treated for eye irritations and respiratory distress.
Every day in the United States, millions of people ride trains. When trains or train tracks are not properly maintained, a serious, catastrophic accident is likely to occur.
According to the Federal Highway Administration, hundreds of people die in train accidents each year. Among other causes:
- Collision with another train
- Derailment
- Collision with a car or bus
- Mechanical failure that leads to an accident
- Inadequate security on the train
- Dated and unsuitably maintained tracks
- Conductor or engineering negligence
A train is considered a common carrier. When a train accident has occurred, an experienced train accident attorney can investigate and determine if the carrier is liable for the injuries sustained. Common carriers have a higher responsibility to safely transport the public by taking all necessary safety precautions to avoid any train accident.
The most common types of train accidents are collisions with other trains, collisions with passenger vehicles, and single train accidents. Absent or inadequate warnings at railroad crossings may also contribute to collisions. According to the Federal Railroad Administration, more than half of all railroad accidents occur at unprotected crossings, and over 80 percent of railroad crossings do not include adequate warning devices. At The Abelson Law Firm, a train accident attorney can investigate and determine the cause of the train accident.
Train law and/or railroad accident law can be quite complicated. After train accident has occurred, our firm will work as quickly as possible with investigators to preserve evidence, interview witnesses, evaluate liability, and identify jurisdictional issues. Will will help to protect you and your family during interviews with authorities and insurance representatives. Our firm can help determine if the railroad crossing was unreasonably dangerous and whether proper safety procedures were in place at the time of the train accident. It is important that our attorneys and investigators be able to start the evidence collection process as soon as possible. The longer it takes to begin our investigation, the more difficult it is to locate and preserve the evidence and witnesses needed to reconstruct and prove what really happened.
Since there are many factors that may lead to a railroad accident, there are many people who can be held responsible for your injury, loss of income, or pain and suffering. While it is the responsibility of the railroad to maintain the tracks, crossings and the train itself, truck and car drivers share a responsibility to follow the rules of the road.
At The Abelson Law Firm, we are well versed in the laws that govern the liability of the railroad. There are many factors that determine whether the railroad was at fault for a train accident by providing the proper care and maintenance.
In the event of a train accident, the aid of experienced legal counsel can help you focus your attention on getting on with your physical and emotional recovery.
For a no-cost review of your case, please contact us.
