Train Accidents

Common Causes of Train Accidents

In this section, we’ll review some of the most common causes of train accidents. Whether or not you see the cause of your train accident listed below, contact our team right away to go through the details of your case and get clear advice on how to move forward.

Negligence

Human error is a common factor at the center of a train accident and can show up in many ways. Distracted driving, impairment, or fatigue can all lead to collisions when a driver fails to recognize obstacles. Failures to follow speed limits or brake properly can also cause major issues like crashes or derailments.

Mechanical Failures and Defective Train Parts

Train components experience a lot of wear and tear, and poorly maintained brakes, signals, or decoupling mechanisms can fail in ways that cause significant accidents.

Unsafe Crossings

Malfunctioning signals can’t properly warn vehicles or pedestrians about an oncoming train, and poorly marked or obstructed crossings can increase the risk of an accident. Accidents at crossings can cause serious or fatal injuries to the people crossing the tracks as well as the train passengers.

Track Defects and Derailments

Broken or damaged rails that are not properly maintained or replaced in a timely manner can lead to derailments, which can be catastrophic for every single passenger on the train, as well as anyone in the vicinity.

Cargo Spills and Fires

Trains carrying toxic or dangerous chemicals can cause major public safety issues, as well as significant environmental damage. Sometimes the effects of a chemical spill may take a long time to emerge, so it’s important to work with an attorney who can connect the dots and make your case perfectly clear.

Determining Train Accident Liability

Depending on the specifics of the accident, many different parties may be held liable. Sorting out the liable parties and proving who is liable for what is a complicated and sometimes overwhelming process that you don’t have to take on yourself.

Railroad Companies

Railroad companies are responsible for many, but not all, of the details that ultimately keep train transport safe and reliable. They handle responsibilities like:

• Train maintenance
• Employee training
• Track upkeep
• Monitoring drivers

When there are breaches of safety protocols, or drivers act negligently, we will first review the railroad company’s involvement and determine the extent of their liability.

Train Operators and Crew Members

A perfectly maintained train and track won’t keep you safe if an operator or crew is acting recklessly or negligently. Things like speeding, intoxication, and otherwise ignoring safety regulations create dangerous environments that can cause accidents. We will review all logs and reports to determine whether or not negligence played a part in the crash.

Government Agencies

Public transit authorities are required to maintain safe infrastructure for trains to operate on, and if there is an issue with a public railway system, then we will explore our options for mounting a case against the liable government agency.

Train and Equipment Manufacturers

Sometimes defective equipment like train parts, brakes, warning signals, and other components can lead to catastrophic accidents that have nothing to do with improper maintenance. If it turns out that the equipment is defective, we will pursue compensation from the equipment manufacturer.

Other Drivers and Pedestrians

In some instances, a reckless driver or pedestrian may cause a crash or derailment. If this is the case, we will review our options and determine the best path forward to get you the money you deserve.

Why Choose Kanner & Pintaluga for Your Train Accident Case?

Our firm has years of experience handling train accident cases and a range of other personal injury cases, which has made us a nationally recognized law firm for high-stakes cases. Our track record and the settlements we’ve recovered for our clients speaks for itself.

When you’ve been hurt in a train accident, you want to partner with aggressive, experienced representation to take on the rail companies and insurers.

What You Can Expect As a Kanner & Pintaluga Client

Thorough Case Investigation

Our work begins with an in-depth investigation that reviews all possible evidence, including accident reports, witness statements, maintenance records, employee records, and more. At the same time, we will build a comprehensive picture of your medical situation that will factor heavily into our settlement negotiations.

Proving Negligence

Throughout our investigation, we will look for evidence of negligence and determine who is responsible for what elements of the crash. Things like operator errors, faulty equipment, and improper safety measures are all elements that we will review as we go through this process.

Handling Insurers

Insurers aren’t looking out for your best interest — they are focused on settling your case as quickly and inexpensively as possible. They rely on tried-and-true tactics to overwhelm claimants and pressure them into accepting settlements that are far less than they are owed — all while waiving their rights to any future legal action. When you have Kanner & Pintaluga taking on the insurance companies, you can stay focused on your recovery, knowing we’re fighting for your best interests.

Maximizing Compensation

At the end of the day, all of our work is to get you the most money possible, whether through direct settlement negotiations or at the end of a trial.

Insurance companies will make lowball offers in an attempt to distract from the real value of your case, but we’ll stay on track and handle all negotiations on your behalf to close the gap between the money they offer and the settlement we finally agree on.