Train Accident Attorney Trenton, NJ

The train accident attorney Trenton, NJ residents trust, from Davis & Brusca, LLC is here to help when you need it the most. When a train collides with another train or a motor vehicle, it can cause catastrophic injuries and damages. Approximately 3,000 train accidents and about 1,000 fatalities from train accidents occur each year in the United States, according to the Federal Railroad Administration (FRA). The FRA is responsible for the creation and enforcement of railroad safety regulations and the oversight of railroad operations. Common carriers, or entities that transport people or goods for the public, are governed by federal and state laws which generally apply to equipment, licensing, and transportation procedures. If you or someone close to you has questions about any of the following, contact an experienced lawyer, like the train accident lawyers New Jersey trusts, right away.

Common Causes of Train Accidents

The FRA reports that human error is the leading cause of train accidents. Human error often leads to avoidable accidents and includes behavior such as:

• Failure to properly align railroad switches
• Driver fatigue
• Substance abuse
• Improper use of equipment
• Communication problems
• Driver inexperience

Train accidents can also often be attributed to track problems such as broken welds, switches, worn rails, or damaged tracks. There are several other common causes of train accidents, including:

• Faulty equipment
• Electrical failure
• Inspection or maintenance violations
• Cars on the track attempting to pass in front of the train
• Derailment

Victims of Train Accidents

In addition to those in passenger vehicles at the time of a crash, there are others who may suffer injuries from train accidents. Train passengers may be injured in a crash or while they are boarding or exiting the train. Sometimes crossings do not have lights or signals and these unmarked crossings can cause unsuspecting bystanders to be injured when a train passes by. Railway workers including locomotive engineers, conductors, and switch operators may also be injured or even killed in train accidents. Whether you’re a passenger or an employee, if you’re seeking legal counsel, consider the train accident lawyers New Jersey has come to trust at Davis and Brusca, LLC.

Liability in Train Accidents

Train accidents may be caused by a combination of factors; therefore, it is sometimes difficult to determine who is responsible for the resulting injuries and damages. Railroad companies are required to comply with Federal Railroad Administration (FRA) safety regulations and may be liable if they fail to maintain the appropriate level of safety for passengers. Engineers may be responsible for personal injuries or wrongful deaths due to their negligence while performing the duties of their jobs. Also, passengers injured due to defective train or railway parts may be able to bring a state law-governed products liability case against the manufacturer, distributor, supplier, or retailer of those parts.

Railroad workers who are injured in the scope of their employment are protected by the Federal Employers’ Liability Act (FELA). Railroads are legally obligated to provide employees with a reasonably safe work environment, adequate monitoring, and enforcement of safety rules, and proper training and supervision. FELA requires railroads to compensate railroad employees for injuries sustained on the job due to the negligence of the carrier’s officers, agents, or employees.

What to Do After a Train Accident

It is important for members of the public to study the written instructions published by transport companies regarding regulations and suggested rules of behavior in emergency situations. In the event of an accident, victims should attempt to avoid panic and follow the crew’s instructions. It may be necessary to collaborate with authorities involved in the investigation such as rescuers, experts, and judicial authorities. Those injured in train accidents may also consider seeking legal counsel to recover all entitled damages including medical bills, lost wages, pain and suffering, and emotional distress. That legal counsel should be a team you can trust, like the train accident lawyers New Jersey residents have trusted for years.

Common Injuries in Train Accidents

Trains are very large and heavy, so they can cause serious injuries during accidents. That’s why it’s important to seek immediate medical attention after a collision with a train. Here are the most common injuries people can sustain in train accidents.

• Traumatic brain injuries. When the brain moves inside the skull because of a sudden jolt or blow to the head during a train accident, a traumatic brain injury can result. Common symptoms of a traumatic brain injury include dizziness, headache, nausea, confusion and blurry vision. In severe cases, these injuries can lead to memory loss and permanent mental and emotional changes.

• Whiplash. If a train stops abruptly in an accident, victims can suffer whiplash. This neck injury occurs when the head moves forward and backward rapidly. Whiplash can cause neck pain and stiffness, dizziness and shoulder pain. Sometimes symptoms will not become obvious after days or weeks after the accident.

• Spinal cord injuries. These are one of the most severe injuries that can result from train accidents. Spinal cord injuries can lead to loss of bladder control, weakness in the arms and legs, persistent pain, heart and lung problems and paralysis. Those who suffer spinal cord injuries likely require some type of physical rehabilitation. 

• Broken bones. Train accidents can also cause broken bones in the arms, legs and even hips. These injuries might not be life-threatening, but they are nothing to make light of. While it is possible to recover from broken bones, it is very painful and often requires rehabilitation. If a bone is broken in more than one place, surgery may be necessary. This can get very expensive, so it is important to speak to a train accident attorney in Trenton, NJ about your legal options.

• Amputations. In a train accident, a person’s limbs may get severely and must be removed through surgery. Amputation is one of the devastating injuries that can occur in train accidents. Patients have to learn to live life with a missing limb through rehabilitation. They may also get fitted for a prosthetic. 

• Emotional injuries. The injuries in train accidents are not just physical. Train accidents are traumatizing events, so victims may also suffer emotional injuries, like depression, anxiety and post-traumatic stress disorder. They may need to attend mental health counseling to get better and live a normal life again.