Massachusetts Train Accident Lawyer
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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.


 


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