|
Welcome to Train
Accident homepage for Kantrovitz & Associates, Attorneys at
Law. If you have been injured in a railroad accident or
have lost a loved one in a train wreck, our attorneys can help
protect your legal rights. We developed this site to
provide information to people involved in railroad accidents
and advise them of their rights to compensation for personal
injury or the wrongful death of a loved one. Kantrovitz &
Associates has helped many victims and families in your
situation. We will expertly evaluate your case to determine
your eligibility to receive financial damages that are so
critical to helping you recover from the life-altering effects
of a train accident.
There are over 600 railroads and 200,000 miles of track in the
United States. In 2002, the Federal Railroad Administration (FRA)
reported 11,991 train-related incidents, 950 of which involved
fatalities. Most of these accidents were attributed to
violations in inspections and maintenance. Railroad companies
are considered common carriers and as such they are held to
strict liability standards by the Federal government. A common
carrier is generally required to exercise the utmost care,
diligence and vigilance in transporting passengers. While
individual state laws apply to train-related accidents, the
general rule is that a common carrier is liable for personal
injuries that were avoidable had the carrier used proper care.
Every individual has the right to assume they will receive
safe passage from a train company, and when they are injured
in an accident caused by the railroad’s carelessness or
negligence, their rights have been violated. Unfortunately,
train companies do not always accept responsibility for
accidents and most individuals do not have the resources or
understanding of the law to succeed in making a large railroad
company take responsibility for their negligence.
Train accidents can involve locomotives or local light rail
systems. They can happen at unprotected crossings where there
are no lights or signals to indicate an oncoming train to
passenger vehicles. Trains can derail due to improper track
maintenance or mechanical failure, even driver fatigue. Unlike
many other motor vehicle accidents, train accidents can
include spillage of hazardous waste. Any of these situations
can cause serious injury or even death to passengers involved.
-
Derailment is an accident where a train runs off its track.
Derailment is the leading cause of crashes.
-
In collisions, a train is unable to stay on the track and
upright on impact, thus increasing the chance of injury to
passengers.
-
Many passengers suffer injuries from accidents that occur
upon entering or exiting the train, sudden train movement,
security-related issues and poor maintenance.
-
Failure to warn its passengers of transportation safety
issues that are known to the carrier such as standing in the
aisle.
-
Railroad employees who suffer occupational health problems
or injuries related to on-the-job accidents. Most employee
related cases are processed under the Federal Employee
Liability Act (FELA).
-
Motorists and pedestrians hurt in railway accidents.
Railroads have a duty to provide safety to those who travel on
roads that cross railroad tracks and must provide proper
maintenance of tracks, adequate notice of an approaching
train, and operate the train at a reasonable speed.
Your legal options will depend on the type of injury that you
sustained as the victim of a railroad-related injury or
illness. It takes the knowledge and skill of an experienced
attorney who knows railroad accident laws and victims' rights
to determine fault and prove that your injuries were caused by
the railroad’s negligence. There is a time-sensitive issue in reporting train
injuries, so if you have suffered the loss of health, property,
or a loved one, please contact us immediately to preserve your
right to file suit.
Kantrovitz & Associates lawyers understand
train accident laws, the Massachusetts legal system and
victims’ rights. Whether we’re building your case, counseling
you with practical legal advice or developing strategies that
provide the highest levels of compensation – we are always
working to protect your rights. Call us today at (800)
259-0719
or contact us via email.
|