Individuals who want to explore new destinations prefer traveling by train due to its convenience. Train accidents are common and result in devastating injuries to the victims. Determining the responsible party following an accident enable victims to understand whom to sue in their personal injury claim.
Potential At-Fault Parties in a Railroad Accident
Responsible parties are entities that victims may file a lawsuit against to cater to their damages. Victims of a train accident can contact Finkelstein & partners based in New York to assist them in filing a successful personal injury claim. Liable parties in a train accident case may include the following:
Railroad Company Owner
Companies owning railway lines must keep lines safe for operation. A railroad company owner is liable for victims’ injuries due to a lack of train maintenance, rail line defects, or operator error. Railroad operators are workers of a railroad company, not general contractors. If the accident occurs due to an error orchestrated by an operator, the operator and the railway company owner are liable.
Some railway accidents happen due to an error by a train operator. Mistakes are due to carelessness, distracted driving, driving under the influence, and lack of training. The train operator may be found responsible in any of the above-listed situations. A reliable attorney investigates your accident to establish if the actions of a train operator contributed to a railroad accident.
Railway Product Distributors and Manufacturers
The products and parts used in repairing and constructing trains and railroads are essential to the safety of passengers. Critical components for a safe train operation include brakes, wheels, steering apparatus, and railroad tracks. When the products are defective, there can be devastating consequences. Manufacturers are held liable if their products lead to a railway accident that causes deaths or injuries.
There Are Multiple Liable Parties
Multiple factors may lead to the occurrence of an accident. In other words, more than one entity may be found responsible for the accident. This means that victims who sustain injuries can obtain compensation from multiple sources. Such cases take longer to settle, but working with a seasoned lawyer enables victims to determine the responsible parties.
What You Need to Know When Filing a Railroad Accident Injury Suit
Victims who sustain injuries in a railroad accident may qualify to file a lawsuit for their personal injuries. Family members of those who die following a railroad accident may file a lawsuit for wrongful death. Either way, working with a seasoned personal injury attorney is essential as it increases your chances of securing fair compensation. Below is a list of details regarding railroad accident injury lawsuits:
Injured Railroad Workers
Railroad workers who sustain injuries while performing their duties may sue their employer for negligence, as formulated in the Federal Employers’ Liability Act (FELA). Through this route, railroad accident victims can recover compensation for their injuries. A seasoned attorney can explain to victims the variation of this process.
Passengers who sustain injuries following a railroad accident can file personal injury lawsuits against responsible parties. Injured passengers can recover damages for:
- Emotional trauma
- Disfigurement or scarring
- Emotional trauma
- Inability to earn or work
- Medical costs
- Pain and suffering
Injured passengers are hardly at fault following a railroad accident since they are being carried. The railway company is held responsible for the safety of passengers while passengers are in transit. Failure to meet the standards results in the occurrence of severe injuries.
Railroad companies dedicate adequate resources to deal with lawsuits following a train accident. These companies and their insurers seek help from seasoned attorneys to file a personal injury claim on their behalf. Work with a reliable legal professional to represent your concerns.