A train accident injury may be sustained by someone on the train itself, someone standing near the tracks or a crossing, or someone in a vehicle that was struck by the train. But railroads may also be liable for injuries caused by any aspect under their control, including injuries resulting from a defective railroad crossing or a slip and fall on a railroad platform.
Because of the severity and complexity of train accident lawsuits, you need an experienced train accident lawyer on your side.
For a train passenger, the typical injury is similar to that of an injury sustained by a car passenger, and often includes whiplash, broken bones and head injuries. The lack of seatbelts on many trains, however, can contribute to the severity of these injuries. As a “common carrier”, train companies have a “duty of utmost care” which is beyond that of negligence responsibilities toward non-passenger victims of a train accident.
Due to the size and speed of trains, injuries sustained by a pedestrian or occupant of an automobile involved in a train accident can be serious or life threatening. A train accident victim may need time to recover from his or her physical injuries but may also need to recover from psychological problems related to the accident.
A train accident victim has a limited amount of time in which to file a civil suit. If the railroad is owned or operated by a government entity, you may also need to give notice to this entity within a very short period of time in order for you or your loved ones to be entitled to compensation. The train company may send a representative to the accident scene or hospital.
If you or your loved one has been injured in a train accident, make sure no one signs any release forms or settlements before consulting with a competent train accident lawyer.
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