Railroad accidents may be less common than car crashes, but they can cause devastating injuries and fatalities. If you or a loved one has been affected by such an incident, it’s crucial to understand your legal rights and the steps you can take in your pursuit of justice. Working with a seasoned railroad accident attorney is the best way to navigate this challenging time and maximize your compensation.
Identifying Who’s at Fault
Railroad accidents often involve multiple parties, each carrying some degree of liability. In each case, breaching the duty of care—a legal obligation to ensure safety—forms the basis of your claim. Potential liable parties may include:
- The train operator: Error or negligence on the part of the train operator, such as speeding or inattention, may be grounds for a lawsuit.
- The railroad company: If the accident resulted from poor track maintenance, inadequate safety measures, or failure to coach employees properly, the company itself could be held responsible.
- Product manufacturers: Defects in train components, signaling equipment, or safety devices point to liability among product manufacturers or distributors.
- Railway service workers: Mistakes made during the routine maintenance and servicing of trains or tracks can also lead to accidents.
Immediate Actions to Take Post-Accident
The moments following a train accident are crucial for your safety and the success of your legal case. Here are the steps to take:
- Document the scene and your physical injuries with photos and gather contact information from eyewitnesses.
- Seek immediate medical attention.
- Report the accident to the authorities and ensure an official report is filed.
- Contact a railroad accident attorney early to protect your rights.
- Avoid making statements to investigators without consulting your attorney.
Specific Considerations for Injured Passengers vs. Railroad Workers
The legal considerations for a railroad accident depend greatly on whether you are a passenger or a worker. Typically, passengers are entitled to high safety standards. Any deviation from these standards may be grounds for filing a claim.
On the other hand, railroad workers injured on the job are generally covered under the Federal Employers’ Liability Act (FELA). This allows workers to sue their employers for injuries and other losses caused by negligence.
Gathering and Presenting Evidence
Building a compelling case requires collecting strong evidence. An experienced railroad accident lawyer will help you gather the things you need to support your case, including:
- Surveillance footage: Video from the station or train may reveal crucial details about the accident.
- Maintenance records: These documents can demonstrate whether the train or track was neglected.
- Expert testimonies: Railroad engineering specialists or medical experts can provide authoritative opinions to support your case.
Contact a Railroad Accident Attorney in New Jersey
At Gelman Gelman Wiskow & McCarthy, LLC, our goal is to alleviate the immense stress and pain involved with being in a railroad accident. You have enough to worry about as you focus on recovering—let our team take the legal burdens off your shoulders. With over 70 years of combined legal experience and a record of obtaining sizeable verdicts and settlements for our clients, we are equipped to handle even the most challenging cases. Call us today at 862-263-0770 to schedule your free, one-hour consultation. We have five convenient New Jersey locations to serve you.
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