Either a train derails or a train hits a vehicle or pedestrian at a railway crossing somewhere in the United States at least once every two hours. This statistic seems almost unbelievable, yet every year fatalities and severe injuries result from railroad crossing accidents. Because a train can be traveling at high rates of speed, and is obviously carrying hundreds of thousands of pounds of steel and freight, the outcome is rarely anything but grim.
Why So Many Railroad Accidents?
Railroads are largely self-regulated due to the federal laws which presently govern them. Even though investigations have reported a high rate of safety violations on the part of the railroads, little has been done to correct these violations. Defective train equipment is relatively common—this along with lack of proper employee training has been responsible for many railroad accidents over the years. When accidents do occur, railroad employees are prohibited from reporting defects in equipment or employee injuries. Unless there have been several accidents and subsequent lawsuits related to one particular site, the railroad companies are unlikely to improve the safety issues.
The Cost of a Human Life
Much of the railroad equipment being used today is severely out of date. Railroad companies are using technology developed over seventy years ago, meaning there are obvious safety issues which need addressing. More than two-thirds of all public railroad crossings lack safety lights and safety arms or gates, and over 60% of all railroad accidents occur at these crossings. While it’s true that installing such safety equipment would cost approximately $150,000 per crossing, this is little enough when talking about human lives. Many people assume that those who are struck by a train must have been driving dangerously or trying to “outrun” the train, but in fact when the weather is less than optimal or when it’s early in the morning the lights of a train can be extremely difficult to see. This is the reason it is so important to have appropriate safety features at all railroad crossings.
The Laws Which Govern Railroad Accidents
Collisions which occur at railroad crossings are often governed by negligence and civil tort laws in the jurisdiction in which the accident occurred. Other times Federal statutes may preempt state law, governing any potential lawsuits which arise from the accident. In cases where it appears federal law will prevail, an experienced railroad accident attorney may be able to pursue a claim in state court as well. It is extremely important that you choose a personal injury attorney who has dealt with railroad accident claims as they can be quite complex. What many people fail to recognize is that they may have only six months in which a lawsuit can be filed therefore time is of the essence. Injuries caused by trains may be governed by the tort claims act, meaning the governmental entity must be given notice of the injury within a short period of time.
What to Do Following a Railroad Crossing Accident
If you have been the victim of a railroad crossing accident, especially one which resulted from poor safety measures on the part of the railway, you must seek legal help immediately. It is likely that you have suffered severe injuries which may require medical treatment for months, years, or even a lifetime. Your medical expenses are probably mounting alarmingly and you may be unable to work, therefore have no regular paycheck coming in to cover expenses. Make sure you create a solid paper trail from the moment the accident occurs, and seek medical help as soon as possible. Don’t speak to anyone about the accident until you have discussed the situation thoroughly with your attorney. Anything you inadvertently say to an insurance representative or an investigator for the railway can come back to haunt you, making it very difficult to settle your claim. Protect yourself by allowing a knowledgeable personal injury attorney to handle the complexities of your case.