Millions
of people ride trains every day
in the United States. However,
when trains aren't maintained,
or when reckless drivers try to
beat a train across the tracks,
a serious accident may occur.
According
to the Federal Highway
Administration, there is a train
accident every 2 hours in the
U.S. In 1999 alone, there were
more than 2,700 train accidents.
Also, train accidents tend to be
more dangerous, especially when
you consider the weight and high
speeds trains can reach.
Hundreds
of people die in train accidents
each year. They are often caused
by:
- A collision with another
train
- Derailment
- A collision with a car or
bus
- Mechanical failure
- Inadequate security
- Dated and unsuitably
maintained tracks
- Conductor negligence
A
train is considered a common
carrier, so when a train
accident has occurred a train
accident attorney can find out
if the business is liable for
the injuries and damages
sustained. Common carriers have
a responsibility to safely
transport the public by taking
all precautions to avoid a train
accident.
There
are more than 600 railroads and
hundreds of thousands of miles
of track traversing the country.
Many of these rails are used for
freight transportation,
including cargo, merchandise and
chemicals. Trains carrying toxic
chemicals are particularly
threatening if involved in an
accident. Passenger trains use
only a fraction of the railroads
in the nation, but are still
involved in collisions and
derailments each year.
Collisions
and derailments may occur for a
number of reasons. Engineer
negligence, inadequate rail
maintenance and unsafe operators
have all been blamed for train
wrecks. Lately, there has been
an increase in the number of
train collisions involving motor
vehicles.
The
National Transportation Safety
Board indicates that 60 percent
of all crossing fatalities occur
at unprotected crossings and
that approximately 80 percent of
all public railroad crossings
are not protected by lights and
safety gates.
Rail
companies continue to rely on
technology that was developed
more than 70 years ago and very
little effort has been made to
update safety measures. Local
jurisdictions often have no
control over the train travel in
their area resulting in delays
for local emergency response to
catastrophic situations in the
community.
Since
there are many factors that lead
to a railroad accident, there
are many people who can be held
responsible for be your injury,
loss of income, or pain and
suffering. While it is the
responsibility of the railroad
company to maintain the tracks
and the train you ride, truck
and car drivers also have the
responsibility of following the
laws and not trying to sneak
pass the crossbars after they've
been lowered.
There
are laws that govern whether or
not the carrier is liable. There
are many factors that determine
if the railroad company was at
fault and could have prevented
the accident and resulting
injuries by exercising the
proper care and maintenance.
Also, if the carrier is found
liable, there are even more
factors to consider as to what
percentage of liability they
will have to assume.