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Train Accident Lawyer

If you are in need of a train accident lawyer, then please contact our law office today. We have the ability to help you with your claim and get you the legal representation you deserve.

What Should You Do After a Train Accident?

If you or a loved one has been injured in a train accident, there are a number of steps you can take to help protect your legal rights and options. Here are four things you can do after being involved in a train accident.

1) Seek Medical Attention

It is important to receive immediate medical attention, treatment and care. In the event of a train accident, it is likely that emergency personnel will set up triage areas to attend to the wounded. Those who have been seriously injured will be transported to area hospitals and trauma centers depending on the nature and severity of their injuries. If there are catastrophic injuries present, they may require air transportation. If you have been injured, do not decline treatment at the scene. Getting immediate medical attention not only helps you on the road to recovery, but also provides documentation of your injuries and the treatment you received. Delaying medical attention may lead to questions about the severity of the injuries.

2) Gather Evidence

Depending on the significance of the train accident, they are often investigated by local law enforcement agencies. The National Transportation Safety Board (NTSB), which will compile a detailed report, may also be a part of the investigations. However, these findings may not be released until several months after the train accident. As a train accident victim, you need to gather as much evidence as possible. Especially if you are looking for legal recourse sooner than later.

If possible, try to obtain photos and video from the scene of the crash or incident. Obtain contact information for fellow passengers and any bystanders who may have seen what occurred. Get names for emergency personnel who responded to the scene. If a train hit your vehicle, be sure you preserve the vehicle until an expert has examined it. If you were a train passenger, be sure to preserve your ticket, which shows that you were in the train at the time of the accident. As your train accident lawyer, we can also help with these areas and guide you on how to best proceed.

3) Only Discuss Your Case with Your Train Accident Lawyer

It is important to not discuss the details of the case with anyone other than your lawyer. The investigation into a train or railroad accident may take several months to be completed. It is best not to second-guess what happened or talk about who was at fault. When you talk about the case, your lawyer should be on your side because anything you say during such interviews can and probably will be used against you, should you choose to file a civil personal injury claim.

4) Seek Legal Representation:

Contact an experienced train accident lawyer with a thorough knowledge of how these types of cases should be handled. Please remember that your lawyer can be present during interviews with insurance companies and investigators. A lawyer can also help compile the evidence you need to strengthen your case and help protect your rights every step of the way. The law office of Falk & Klebanoff can be your trusted train accident lawyer.
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Who Can Be Held Responsible for Train Accident?

There are a number of reasons train accidents, both minor and major, occur. A knowledgeable train accident lawyer will look at the facts of the incident with the help of engineers, accident reconstruction specialists, and other experts to determine what happened and why. Depending on the nature and circumstances, there may be a number of parties to hold responsible for the incident. Here are four parties that may be held responsible.

Driver of Vehicle

If the accident was caused by the driver of a passenger vehicle, the motorist can be held liable for the injuries, damages and losses caused. Such accidents often occur due to drivers who are impaired, distracted or operating in a reckless manner.

Owner of the Track

The corporation or the governmental agency that owns and controls the section of the track where the train accident happened may be held liable for the accident. These corporations and government agencies have a duty to maintain the track as well as crossing arms, lights and bells at railroad crossings. If any of these aspects were deemed faulty, then the owner of the track is responsible.

Equipment Manufacturer

Equipment failure may result in a train collision or derailment. There are many new technologies that help to prevent train accidents. However, when equipment fails, the manufacturers can be held liable for the accident. In these cases, train accident victims may be able to file what is known as a product liability lawsuit against the manufacturer. Having a trusted legal team on your side can help you go through this process.

Transit Agency or Company

All passenger and freight train operators are required to keep their vehicles and equipment in good condition. They are also responsible for hiring employees with good records, health and background. On top of that, these employees must be trained properly to perform their jobs. They must also receive training on safety procedures and protocols. Train engineers are also required to take sufficient breaks so they do not become fatigued while working. Engineers who fall asleep on the job cause a number of train accidents. In cases where operator error or negligence causes the train accident, both the operator and his or her employer, which is a transit agency or train company, may be held accountable.

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