Proving Negligence in a Railroad Accident

By admin5481 | November 15, 2018
Thousands of Americans are injured in railroad accidents every year due to derailments, chemical spills, and other disasters. Train companies are responsible for maintaining a certain standard of care and need to comply with State and Federal laws. When they fail to meet the set standard of care, it is considered negligence. Negligence can result in failing to provide adequate training, equipment, and safety. If it can be proven that the railroad company failed to take measures to keep you from getting injured, the company is liable for your injuries.
Negligence Leading To A Railroad Accident
  • Failure to keep a safe working environment.
  • Using improper equipment.
  • Failure to train the employees properly.
  • Infrequent inspections.
  • Failure to properly mark or maintain a railroad crossing.
  • Over working.
  • Exposing employees to toxic substances.
Establishing A Negligence Claim
Your attorney will need to prove the following factors in order to prove negligence of the railroad company for your injuries:
  • The railroad company owed you a legal duty.
  • The railroad company breached the legal duty.
  • The breach of duties caused the injury.
  • Your injury was a result of the company’s breach.
Accidents At A Train Crossing
Many accidents occur at train crossings as well. At times, drivers approaching a rail-road intersection may be unable to see an oncoming train if there is an obstruction in the way. Other times, the crossing signal or gates are not installed correctly, broken, poorly marked, or improperly maintained, and fail to alert the train driver of an oncoming train. It is a rule that trains moving in heavily populated areas must move at slower speeds and need to whistle at regular intervals.
It is the responsibility of the train company to maintain the railway crossings. A railway crossing accident is usually very severe and may result in death. You need to prove negligence to make the railroad company liable for your injury.

Contact the Robert P. Ianelli Law Firm
1-877-IANELLI • 845-896-4711

If you or a loved one has suffered an injury in a railroad accident due to the negligence of a
railroad company, contact Robert P. Ianelli today.

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Posted in Accident, Articles, Fatal Accident, Negligence, Personal Injury, Train Accident, Uncategorized