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Flores Law Group, A Professional Corporation

The United States was built off a foundation of railroad tracks. There are some 600 railroad lines
active in the US today, spanning thousands of miles across the nation. All of this train traffic
puts motorists and pedestrians at risk of being injured. It is estimated that there are 2,230
Highway rail crossing crashes each year. These collisions can cause severe injuries and
produce nearly 300 railway crossing fatalities annually.

Injuries can occur to anyone at a railroad crossing, whether you are in a motorized vehicle, on a
bike, or crossing on foot. If you or a loved one has been injured in one of these railroad crossing
accidents, then you may need to turn to a skilled attorney to seek financial compensation. That
is where the personal injury experts at our law firm come in.

What is The Cause of All of These Railroad Accidents?

It is said that there are nine common causes for these train accidents. These are conductor
error, failure to properly maintain and inspect trains, equipment, and rails, railway negligence,
manufacturer failure, distracted motorists or pedestrians, trains traveling at unsafe speeds,
objects obstructing the train tracks, hauling overweight cargo, and violations with inspections
and maintenance of the trains.

What Circumstances Lead to Railroad Accidents?

Being involved in a railroad accident and or being struck by a train is a terrifying prospect. While
it may sound like something out of Hollywood, it is a part of our reality that train accidents
happen regularly.

Here are some of the most common scenarios resulting in railroad accident injuries.
One of the most common accidents to take place with a train occurs between said train and a
motor vehicle. This scenario tends to happen when the person driving a motorized vehicle tries
to beat a train by crossing the tracks in front of the train. Railroad companies are charged with
keeping crossing safe, and this includes maintaining guard arms in proper working order,
making sure the crossings are well marked, and making sure all lights and sirens are operating
correctly. If the railroad company fails to properly maintain and follow safety protocols at railroad
crossings, it can be held liable for any injuries that occur.

However, if the railroad company has done its job and a motorist is injured crossing the railroad
tracks because they are inattentive or purposely trying to beat the train, the liability falls to the

Similarly, a train and a pedestrian collision follows the same scenario and circumstances as the
aforementioned motor vehicle train accident. When you see a train coming or the guard rails are
down, it is better to wait for the train to pass instead of trying to run across the tracks.

Another type of train accident happens between two trains. This one is a bit more shocking, but
it’s called a train-to-train collision. Like it sounds, this is when two trains hit each other head-on.
It is as traumatic as it sounds.

Another form of train accident occurs to the railroad workers while on the job. Working around
trains comes with a certain level of risk. The railroad company is again responsible for providing
safe working conditions. If they fail to do so and workers are injured, they can be held liable.

The final cause of train accidents is train derailments. There have been a lot of train derailments
in the news lately, and while these derailments may seem new to us, they are pretty standard.

Trains derail or fall off tracks at a shockingly high rate. Some common causes of train
derailments include conductor error, broken rails, defective train equipment, mechanical track
failure, trains traveling at unsafe speeds, trains carrying overweight cargo, or colliding with an
object obscuring the tracks.

Who Can Be Held Liable for Your Train Accident Injury?

If you followed all traffic or pedestrian laws and were still injured by a train accident, the liability
likely falls on someone else.

Our legal experts at our law firm will investigate your accident and help you find the at-fault
party. Typically, one of the following or more parties can be held liable for your injuries.

● The railroad company

● The conductor or train engineers

● The track owner

● A driver of a nether motor vehicle if they contributed to your accident

● The manufacturer of the train equipment or tracks

What Type of Evidence May Be Used in My Train Accident Liability Case?

When building a case against a railroad company or other at-fault party, you may have access
to the following evidence.

● Event data recorder, which is found on trains and is similar to the Black Box found on

● Dispatch records: Railroad companies keep dispatch records and communicate with
train engineers during the transportation process.

● Videos or photos of the accident, if available.

● Audio recordings with the train operator, the engineer, and the dispatcher.

● Maintenance records may be helpful if the accident was caused by faulty equipment.

● Interview statements can also be helpful in your case.

What Type of Damages Could I Be Eligible for After My Train Accident?

Being a victim of a train accident is traumatic and likely comes with a good deal of medical cost.
If your injuries are caused by negligence or actions of a third party, you may be able to seek the
following compensation in your suit.

● Past, present, and potential future medical costs associated with your injuries

● Current or future lost wages if your injuries prevent you from working

● Pain and suffering, including emotional distress and loss of quality of life

● You may also be able to seek punitive damages

● You may seek damages with other costs that are associated with your accident.

● If you lost a loved one because of a train accident, you may be able to seek wrongful
death damages as well.

What Steps Should I Take After a Train Accident?

First and foremost, you need to seek medical attention. Even if you believe you only suffered
minor injuries, you may be in shock or not noticing internal symptoms. Also, you will need
medical records to pursue a liability case going forward.

Document your accident, and take as many pictures as possible, including photos of your
injuries in the area surrounding the accident. Keep all your medical records, and track lost
wages and other financial expenses related to your accident.

Contact us at our law firm to discuss the details of your case with our personal injury lawyers.
We can help guide you through the claims process and help you get the financial settlement you

Edward R. Flores, Esq.

Call For A Personal Case Evaluation
(714) 769-1200

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