New York Train Collisions with Another Vehicle Attorneys
Train collisions with other vehicles occur more frequently than most people would like to think. These types of accidents can have drastic consequences, as the sheer weight and size of a train can deliver a tremendous and deadly impact, especially when colliding with a passenger vehicle. Additionally, there are more potential victims in a train collision with a vehicle, including the vehicle driver and its passengers, the passengers on the train, the train crew, and any innocent bystanders. When a train and vehicle collide, it is more than likely that the accident occurred as a result of some party’s negligence. If you or a loved one was injured or killed in an accident involving a train and a vehicle, you may be entitled to compensation. For a free consultation, contact the highly qualified and aggressive attorneys at Hach & Rose, LLP today by calling (212) 779-0057.
At Hach & Rose, LLP, we understand that dealing with the aftermath of a train-vehicle accident can be incredibly stressful. The victim, if they survived, is likely trying to heal from any of the common injuries associated with being in an accident of such magnitude, such as broken bones, torn ligaments, and head, neck, and spinal cord trauma, among other things. These serious injuries can mean ongoing visits to the doctor and to specialists, lost time at work, and time away from family and friends. All of these factors amount to added stress during a time when the victim and their family should be focused on healing. While we know that money cannot undo the harm that you have suffered, it can help alleviate stress and allow time to heal. That’s why Hach & Rose, LLP is here to fight tirelessly to get you the compensation you deserve.
Our team of New York train collision lawyers has over 100 years of combined personal injury experience. Over the years, we have been successful in collecting over a quarter of a billion dollars for victims and their families. If you or a loved one has been injured in a train-vehicle accident, contact Hach & Rose, LLP today by calling (212) 779-0057, filling out a contact form, or starting an online chat on our website now.
Train Accidents with Other Vehicles
Train accidents with other vehicles most often occur at railroad crossings, and the collisions can be between vehicles and trains carrying either cargo or people. Train accidents with other vehicles can have catastrophic consequences; not only is the motorist at risk of injury or death but so are the passengers and crew on the train.
The United States Department of Transportation reports that there approximately 5,800 train accidents involving other vehicles each year. These accidents annually cause about 600 deaths and 2,300 injuries. The National Highway Traffic Safety Administration (NHTSA) has found that motorists in a collision with a train are 20 times more likely to be killed than in a crash between two passenger vehicles.
Accidents between vehicles and trains can happen for a variety of reasons, including the following:
- Human error: Either or both the train’s operator and the motorist may commit errors that cause an accident. A motorist may be distracted while driving, speeding, or may simply not follow traffic laws. A train operator, or engineer, has certain duties they must perform at each railroad crossing to ensure safety. An engineer’s failure to do any one of these things amounts to human error and may also mean they acted in a negligent manner. Some of these duties include the following:
- Sounding the train’s whistle as it approaches a crossing
- Maintaining vigilance as they approach a crossing, searching the area for hazards
- Operating the train at safe speeds
- Mechanical failures: Mechanical failures, such as malfunctioning brakes, can happen on the train, and they may be a result of it not being properly maintained. There can also be a mechanical failure at the crossing, like guard gates not being lowered in time to prevent cars from being on the tracks as a train passes or malfunctioning signal lights that should warn of an approaching train.
- Cars stalling on the tracks: A car may stall on the tracks because it is not properly maintained, or it may have some sort of mechanical failure or defect.
- Unprotected railroad crossings: Although many railroad crossings are protected, a large number still are not. This can be dangerous because vehicles can be allowed on the tracks when it is not safe for them to be there.
Trains can collide with vehicles for a variety of reasons, each of which may change who was at fault for causing the accident. In many instances, the fault may not be clear, and liability may be shared between multiple parties.
When a vehicle and a train collide, there are multiple parties that can be liable. The company that operates the train may be responsible because they have a duty to ensure their trains are maintained so that they are safe to be operated. They also have a duty to hire and train qualified engineers and crew. If the company that owns and operates the train fails in these duties or fails to follow any safety regulations as mandated by the government, they may be negligent. If they are negligent, they may be liable for any damages that their failure to exercise reasonable care caused.
Different companies own railroad tracks and crossings. It is the responsibility of the company to make sure signs and equipment at railroad crossings are maintained and working properly. If they fail to properly maintain crossings, they may be held liable for damages resulting from an accident between a train and vehicle at a railroad crossing.
The driver of the car involved in the crash may also be liable for the accident in some instances. For example, if the driver was distracted or did not follow traffic laws, they may be found to have been driving negligently or recklessly and may be held liable for contributing to the cause of the accident. If the driver was driving diligently but their car stalled on the tracks due to some sort of manufacturer defect, the car and parts manufacturer may be accountable for the accident.
Although rare, the city and state where the accident occurred may also share liability in some instances, like when a road intersecting the rail crossing is not built well or is not properly maintained.
When there is an accident between a train and a vehicle, the legalities of responsibility and fault can be complicated and are best left to be argued by experienced attorneys, like those at Hach & Rose, LLP.
If you or a loved one has been injured in a train-vehicle accident, you should be focused on healing, not worrying about how to proceed with a legal claim to get the compensation you deserve. That’s why the dedicated and compassionate New York train accident attorneys at Hach & Rose, LLP are here to help. With over a century of combined personal injury experience, our team of attorneys has the know-how to get the job done and get you the compensation you deserve. We know that dealing with the aftermath of a train-vehicle accident can be very difficult. You do not have to go through this trying time alone. Contact Hach & Rose, LLP today to schedule a free consultation by calling (212) 779-0057.