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train crash attorney If you've been injured as a result of the course of a train derailment, you'll need the assistance of a reputable lawyer to receive compensation for the damages. A lawyer who is experienced can determine the causes of the accident and determine who was at fault. While it is true that trains are more secure than cars, train accidents are still extremely frequent. A train derailment is usually caused by negligence. Causes of Train Derailments Derailments on trains are extremely hazardous for both passengers and residents close by. They can result in serious injuries, loss of life, and environmental destruction. According to a research conducted by the Eno Center for Transportation in 2013, while speed and human error are the primary causes of derailments other factors can contribute to. A few of these include defective equipment, track defects, and weather conditions that lead to expansion and contraction of the tracks. Other causes of train accidents include collisions with cars on railroad crossings train collisions, and trespassing. The majority of train accidents occur outside of rail yards. When they do, they often involve trains that carry dangerous substances or chemicals that could spill onto the tracks and into water supplies in the local area like what happened when a train was tipped over in East Palestine, Ohio earlier this year. Many of these train accidents also destroy buildings and other structures near the tracks, and injure hundreds or even thousands of people. A collision with another vehicle is the most frequent cause of a train derailing. Drivers might be distracted by their mobile phones or under the influence alcohol or drugs, or not paying attention to the things they are doing. They may not stop or yield at a railroad crossing, or be unsure of their speed. Faulty equipment is second in line for derailments. This can include faulty or damaged wheels, locomotive bearings and car bearings. This could also include track or switch defects as well as failure to keep the railroad clear of foreign objects. Weather conditions can also contribute to train derailments. The high temperatures can cause tracks to expand and contract, whereas high winds can cause snow avalanches or debris to fall on the tracks. This can cause the tracks become uneven or bumpy and increase the chance of a derailment. The conductors of a train should be constantly aware of their surroundings and inspect the tracks for any imperfections or obstacles. Damages Train derailments can have devastating consequences. They can cause deaths, injuries and property damage. If you're a train passenger or an employee of the railway, you may be entitled to compensation for the losses you suffered. A lawyer who has experience in train accidents can assist you in determining the severity of your losses and ensure that you receive all the money you're owed. The damages that could result from a train derailment include medical expenses and lost wages, funeral costs, and suffering. The amount of damages that you can claim will depend on how serious the incident was and how many people were injured or killed. You could also be able to recover other financial expenses like loss of property and emotional distress. A train derailment attorney will assist you in filing a suit against the appropriate parties. It could be a private business or a government agency or an operator of a railroad. They will review the evidence to determine who is accountable for the accident and then work with your insurance company to reach an acceptable settlement. If the cause of your train derailment was due to gross negligence or reckless actions by the operator you may be able to file a lawsuit against them. For instance, train engineers could overstep speed limits and fail to take into account sharp turns, or do not slow down at certain locations. This type of error could result in a lawsuit against the engineer’s employer since they are held accountable for their actions. Sadly, some train companies focus on profits more than the safety of the people they transport. This is why it's important to hire a trained train accident lawyer to fight the insurance company and fight for your rights. The East Palestine, Ohio, derailment involved several freight cars carrying dangerous chemicals such as vinyl chloride. The owner of the rail cars GATX and the chemical manufacturer Oxy Vinyls were both named as defendants in a class-action lawsuit against Norfolk Southern, despite attempts by the companies to deflect accountability for the contamination and environmental damage caused by the crash. In a ruling Thursday, a judge rejected those attempts to avoid responsibility and ordered both companies to compensate residents in the region. Time Limits The devastating train derailment in East Palestine, Ohio that released toxic vinyl chloride and other petrochemicals in February has put the spotlight on rail safety at risk for high-risk passengers. The National Transportation Safety Board will not conclude its investigation until after the National Transportation Safety Board has completed theirs. My research into these incidents has revealed four factors that contributed to the derailment. These include: the United States dependence on hydrocarbons and petroleum resources; a lack of railroad industry standards and a profit-maximizing railroad operating culture and a broken insurance market for rail disasters. Fortunately accidents involving trains are much less frequent than those which involve planes or cars. However, trains crisscross the country at all speeds and are often carrying hazardous chemicals that require special training to safely handle. Local governments need to be aware of what to look out for and how to react in the event of a train crash. To accomplish this it is necessary for a city to know what kind of trains are traveling through its area and the type of materials they are carrying. There are fortunately, free databases that allow cities to see what's on the tracks. Although access to this information is restricted due to security issues, it's a good start and could help your community prepare for an emergency. A city can also evaluate its ability to handle an accident by conducting a tabletop exercise with the first responders. This is an opportunity to walk through what they need to do to be prepared and what needs to improve, such as plans for responding to a train crash carrying a dangerous chemical like the chemical phosgene, which triggered an emergency shelter-in-place request in La Porte, Texas. A city must also be aware of any railroad yards on its territory. Also, keep an eye out for news reports on train derailments. The majority of derailments happen in rail yards, not on mainline tracks. It's a good idea for communities to develop relations with their local railways and work together to ensure the tracks are well-maintained. In the aftermath of a derailment residents may bring lawsuits against railroad companies. There are strict deadlines for filing lawsuits after train accidents. Contacting a lawyer immediately after a train crash is important to ensure that your case is filed in time. Insurance Train accidents can be extremely dangerous especially when they involve dangerous substances. Due to the size of trains and the cargo they carry, derailments can be catastrophic. Rail cars could fall off the impact of a train and inflict injuries on drivers and passengers on the road. They can also spill hazardous materials in close proximity to homes and businesses. The consequences of injuries can be devastating and victims typically face serious financial losses. The majority of train accidents are caused by one type of negligence. If a train crash happens because of faulty equipment, a negligent train operator or other causes the injured party should submit claims to the responsible parties. An experienced lawyer can assist the injured with filing claims and collecting the highest amount of compensation. Commuter trains are a vital service for people living in urban areas, but they also pose a number of risks that most riders do not think about. Based on the nature of accident, you may be entitled to compensation for your medical costs, property damage and other damages. A New York train crash lawyer can evaluate your case and determine the best course of action. Although it is uncommon for commuter trains to get smashed but the reality is that they can. If you've been injured in an accident involving a train on the Metrorail or any of its sister lines you must contact an attorney for train accidents in your area immediately. A train derailment attorney can assist with investigations and assessing damages, valuing your case, legal paperwork and communications with insurance companies. They can also represent you in court. There are hundreds of miles of tracks across New York, and they require a significant amount of maintenance to ensure their safety for transporting passenger trains. The train company, NYC transit authority and other responsible parties are required to ensure that their tracks are maintained properly. As the case progresses, the attorney will investigate how the accident happened and determine the responsible party or the parties. This process can be challenging because it's not always easy to determine who is accountable. For example a train manufacturer maintenance contractor, operator of the train, or the city that created the track may all be liable for your injuries.