SKILLED IN TRAIN ACCIDENT CASES
TRAIN ACCIDENTS ARE VERY DANGEROUS AND CAN LEAVE YOU WITH LIFE-ALTERING INJURIES.
According to the Federal Railroad Administration (FRA), there were 11,583 railroad incidents in 2018 across the United States, leading to 841 fatalities and well over 8,000 injuries. These numbers are cause for alarm. When you buy a train ticket, you do not expect that you will possibly be injured in a collision or derailment, but many people are injured every year.
Members of the public can also be injured if a train slams into their vehicle while they are driving. Regardless of how the accident unfolded, trains are dangerous because of their speed and size. Many victims do not walk away from these accidents but instead find their lives forever turned upside down, suffering permanent injuries that require lifelong care.
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CAUSES OF RAILROAD ACCIDENTS
The Federal Railroad Administration has helpfully broken down the causes of train accidents. The leading causes were:
- Problems with the track
- Human factors, such as operator error
- Defective equipment
- Problems with signals
If you have been injured in a train accident, it is important to identify the cause of the crash because your ability to receive compensation depends on it. In particular, you can sue the train company if its actions led to your injuries. Train companies should have large insurance policies, which makes it highly likely that you will be able to receive full compensation for your injuries.
After a crash, you might not know who is to blame, which is okay. You can hire an attorney to investigate the root cause of the accident and figure out who you can sue. The attorneys at Groth & Associates can untangle even the most complicated train accident to uncover liability.
OTHER PRACTICE AREA CASES
TRAIN ACCIDENT INJURIES
WHILE PERSONAL INJURIES ARE OFTEN REFERRED TO AS ACCIDENTS, THEY ARE OFTEN THE RESULT OF ANOTHER PERSON’S RECKLESS OR NEGLIGENT CONDUCT.
Train accidents often cause more serious injuries than regular car accidents, which is unsurprising. Trains are going much faster than most vehicles, and passengers are not buckled in as they would be in a car. After a train accident, our clients have suffered from:
- Fractures, including compound fractures
- Traumatic brain injuries
- Spinal cord injuries
- Fractured vertebrae
- Back injuries
- Permanent nerve damage
After receiving medical care, meet with an attorney right away. Train companies like Amtrak waste little time having an investigator on the scene of an accident, so you need a committed advocate in your corner. No one other than your lawyer is looking out for your interests.
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OHIO TRAIN LAWS AND COMMON CARRIER LIABILITY
Trains qualify as common carriers because they transport large numbers of the public. This matters because common carriers owe their passengers a much higher duty of care than regular motorists that you confront on the road. Whereas a motorist only needs to use ordinary care, our courts have said that common carriers owe the “highest degree” of care to their passengers. Even minor mistakes or slip-ups on the part of the train company could form the basis of a lawsuit for compensation.
If the train company made a mistake or was careless, then you can sue. You can also sue if an operator was insufficiently careful. Train companies are automatically liable when their employees injure someone, which helps make a full financial recovery possible.
Many trains are carrying hazardous materials, and when they derail the material can ignite or explode, causing damage to people nearby who might not even have been riding the train. Other hazardous materials can poison groundwater or the air. A negligent train company is responsible for anyone injured by dangerous cargo as well.
OHIO TRAIN ACCIDENTS
Our state has seen many train accidents over the past few years, which regularly make the local news:
- Two teenagers were riding in a vehicle that was struck by a train in Erie County in June 2019. The two passengers were killed by blunt-force trauma.
- In September 2017, a 16-year-old boy was struck and killed by a train while walking along the tracks in Miamisburg.
- Two trains collided with each other in Marysville in 2016, injuring two people on board.
Ohio train collisions have involved pedestrians, motorists, passengers, and train employees. Each accident is unique, and you need a lawyer who can carefully assess the evidence to attribute fault.
WHAT TO DO AFTER A TRAIN ACCIDENT
If you were a passenger on a train that collided or derailed, then the train company should help you get immediate medical attention for your injuries. However, if you were a pedestrian or motorist, then the train might not even stop after colliding with you, in which case you need to take down as much information as you can about the train and the accident:
- Date and time
- What direction the train was heading
- The train company, if you know
Also, identify witnesses to the incident. They can provide critical evidence that is helpful to determine how the accident unfolded and who is at fault.
When a train collides or derails, then you can guess that something went wrong somewhere. Your lawyer can perform an investigation to uncover more details about what caused the collision.
If a loved one, unfortunately, died in the collision, you might have a valid claim for wrongful death. This is a unique type of claim in Ohio that is brought on behalf of a deceased person’s family. Survivors can qualify to receive damages for a range of losses, such as the income a loved one would have earned had she or he lived.
SPEAK WITH A TRAIN ACCIDENT ATTORNEY IN TOLEDO
Train accidents are usually horrific. If you have been injured, or if someone you care about has, you must get legal help right away. The train company starts defending its cases immediately and they are not anxious to offer a fair settlement for your injuries.
Speak to Groth & Associates today. We are a leading Toledo train accident law firm, and we are eager to help you. Contact us today to schedule a free consultation.