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Who Is Liable For Accidents and Injuries at Railroad Crossings?
While all types of motor vehicle collisions can be dangerous, those involving trains can be especially deadly. Due to the massive size and momentum of trains, any other vehicles involved in these types of collisions are likely to suffer extreme damage, and drivers and passengers may experience severe bodily harm or fatal injuries. Many train accidents occur at railroad crossings, and in these cases, those who have been struck by a train will need to understand who was responsible for their injuries and their options for pursuing compensation for their injuries.
Causes of Railroad Crossing Accidents
When a vehicle or pedestrian is struck by a train at a railroad crossing, multiple parties may be at fault, including:
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A railroad company - A collision may be caused by the negligence of a train operator, such as the failure to brake properly or use a horn to warn that a train is approaching a crossing. The company that employed the train operator may be held liable for the operator’s negligence. A railroad company may also be liable for accidents that occurred because it did not properly maintain equipment, such as the brakes or couplings on a train or the rails or switching equipment on a railroad. A railroad company is also responsible for maintaining safety equipment at railroad crossings, such as gates, lights, and signals, and a company may be liable for accidents that occurred because of faulty equipment.
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Local government - City or county governments are responsible for ensuring that railroad crossings are safe. If a railroad crossing did not have the proper signs to warn drivers about risks or ensure that they can navigate the crossing safely, a local government may be held liable for train accidents.
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Equipment manufacturers - The failure of equipment on a train or at a railroad crossing may occur because it was designed or manufactured incorrectly. In these cases, victims may be able to pursue a product liability lawsuit against the manufacturer.
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Negligent drivers - If a collision occurred because a driver acted unsafely, such as by colliding with a vehicle from the rear and pushing it into the path of a train, the driver may be held liable for the injuries and damages suffered by victims.
Contact Our Plainfield Railroad Crossing Accident Attorney
Accidents involving trains can be deadly, and victims may suffer multiple types of severe injuries, as well as extensive damage to their vehicles or other property. In these cases, victims can work with an attorney to identify the party or parties who were liable for the collision and pursue compensation for the damages they have suffered. Flaherty Law, LLC provides representation for injury victims, and we work to ensure that they receive compensation that addresses their medical expenses, loss of income, and pain and suffering. To set up a free consultation and learn more about how we can help, contact our Will County train accident lawyer at 815-577-7500.
Sources:
https://railroads.dot.gov/accident-and-incident-reporting/train-accident-reports/train-accident-reports
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh+18C+Sub+7+Art+IV&ActID=1815&ChapterID=49&SeqStart=192700000&SeqEnd=193700000
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