What to Consider if You Were Injured after a Train Struck Your Vehicle
Whether you rely on the New York subway or venture onto an Amtrak station in Delaware, each of us can agree that trains are still a major part of our lives. As society progressed, though, train tracks soon began to intertwine with the major roadways of America, making our daily commutes a little trickier with each passing day. In the blink of an eye, you can be prepared to drive your car across a railroad crossing, only to be clipped by a train. As a result of these car and train collisions, people can suffer life-threatening injuries or, in the worst-case scenario, die. Here is a closer look at what you should definitely consider if your vehicle has been clipped by a train.
FREQUENCY OF TRAIN COLLISIONS IN THE U.S
When one massive transit network meets another, you can guarantee that the rate of accidents and fatalities will rise when two different types of vehicles are forced to intersect. Thanks to railroad junctions and crossing guards, people can have a moment’s warning before stalling their vehicles. Nevertheless, in some situations, innocent victims can still sustain deadly injuries after their vehicles stall on the tracks or they attempt to drive across due to faulty warning bells.
Here is a closer look at the frequency of train collisions in the United States, from 1981 to 2018:
- Train and car collisions: 9,461 to 2,214 (significant drop)
- Fatal accidents: 728 to 270 (a more than 50% drop)
RAILROAD SAFETY IN DELAWARE
Although the number of train and car collisions (both fatal and nonfatal) has dropped in the country, the fact of the matter is that these dangerous accidents can and do still occur. As part of its safety measures, the Delaware State Government has enacted a code to ensure the safety of people operating trains and civilians crossing marked zones along railways. Here is a closer look at these rulings in Chapter 8A:
- Section 8A.03: All people who serve as administrators for Delaware railroad companies control the Light Rail Transit Traffic Control System.
- Section 8A.08: Traffic controls (e.g. crossing zones, lights) are designed to allow railroad operations to proceed smoothly and without issues. No practices must risk the lives of motorists (for example, by forcing vehicles to stop along the tracks).
THE DETAILS OF RAILROAD ACCIDENT LAW
In the event that you have been involved in an accident involving a train, you must be aware of the specifics of railroad accident law, federal, and sometimes state, regulations that administer procedures for safety (as seen in the previous section) and liability. Examples include the Interstate Commerce Act, which supervises the transportation of people and bulk goods across state borders.
One of the most difficult aspects of railroad injury cases is the fact that pinpointing a responsible party can be extremely tricky. As such, if a person sustains an injury after colliding with a train, lawyers will be forced to peer into product laws, negligence, distracted driving, and a manner of other issues that can result in a drawn-out case.
YOUR LEGAL SOLUTION
Trains are an essential part of life here in the United States. Every day, these massive vehicles transport grain, cattle, vehicles, and people in large quantities across our country and hold a spot at the seat of American manufacturing and agriculture. Nevertheless, like any piece of equipment, trains are extremely dangerous under the wrong circumstances, and, in the blink of an eye, an innocent victim can sustain severe injuries and potentially lose his/her life. If you have suffered severe injuries after a train accident, you do not deserve to pay through medical bills and hefty policies.
Our team of professional lawyers at Edelstein, Martin & Nelson are passionate about our practice and are fully knowledgeable in the laws, rules, and statutes surrounding unfortunate accidents of this nature throughout the State of Delaware. We can guarantee you will receive the justice you deserve. For legal advice and for more information about our services, contact our office today at 800-300-0909.