It is becoming more common these days to see small motor vehicle accidents with trains. Most of the time, these accidents are seen at a railroad crossing. There are two options here that apply in all cases. Either someone might be at fault or it was just an accident and no one was at fault.
No one’s fault
There are many cases where the accident happened and both the parties were following their own rules and regulations. In such cases, both parties are responsible for their own loss or damage. No one can sue the other. All of the damages and losses are paid by themselves. There are approximately 50% of total accidents that fall in such cases. These are purely accidents without anyone’s fault.
In the other 50% of accidents, there is one party who is at fault. In such cases, if the railroad is at fault you can get experienced train accident lawyers to sue them. If you win the case, you will get compensated for all of the costs ranging from medical expenses to all the emotional suffering costs.
However, in order for this to happen, the railroad must be at fault. Here are some of the situations where the railroad is at fault as well as some of the situations where the person driving the vehicle is at fault.
There are many cases where the driver of the vehicle is in the wrong. Some of the situations where the driver of the motor vehicle is at fault and he/she has to act as per jurisdiction include the driver being drunk or they were not following the traffic rules. You should consider all things if the accident happens. Also, you should follow all the rules and regulations.
Along with the driver, there are certain rules and regulations that even the train and the railroad should follow. If they are not following any of these and you are met with an accident, you can contact a train accident lawyer. They will be able to guide you through the whole process and tell you who is at fault. The railroad is considered at fault in the following cases:
- When they didn’t use the signal or the signal was faulty
- The train didn’t blow the horn before arriving at the crossing
- There was some technical fault which the railroad knew about
- The train was approaching the crossing at a higher than normal rate of speed. The train should be moving at an average speed and should slow down before passing through the crossing
- The signal for the vehicles didn’t turn red
Along with these, there are also many other rules that should be taken into consideration. That is why people will suggest you go to a lawyer before taking any of the steps and in this way you can sue the railroad if they are at fault. You can request a free consultation from a lawyer at anytime.