Even though there are faster modes of transportation available, trains represent a relatively cheap and “green” way of moving people and goods from one location to another. Recent news events illustrate, however, the extent of injuries and damage that can result when a train derails or crashes. Even those who are not onboard the train or in a vehicle struck by a train can be affected if the train was carrying dangerous chemicals. Investigations into the cause of a particular train accident will invariably involve at least one government agency. This can delay victims impacted by the train accident who need compensation to help them meet the expenses with which they are suddenly faced.
The Florida train accident lawyers of Kaiser Romanello know how serious and extensive injuries and other losses caused by a train crash can be. We can help you understand the process of recovering compensation for your losses, including informing you of what you can realistically expect during the process.
COMMON CAUSES OF TRAIN ACCIDENTS
Most people have seen videos of drivers who try to “outrun” a train by crossing train tracks in front of an oncoming train. There have been documented incidents of pedestrians who were walking along train tracks and did not hear or see a train coming until it was too late. When you suffer injuries or losses because of a train collision and the victim of the collision is to blame, compensation is not usually available. But where part or all of the blame for the collision lies with the train operator or someone else, recovery may be possible.
Do not dismiss your chances of recovering compensation without first speaking with a train accident attorney from the Florida law firm Kaiser Romanello. There are a number of facts which may indicate you may be entitled to compensation, including:
- Poorly marked train crossing (or a train crossing with no markings at all);
- Trains that do not sound warning signals as required;
- Trains going too fast for track conditions or during periods of poor visibility;
- Trains that are mechanically defective in some manner.
In Florida, even if you are 99% at fault for the collision and someone else is 1% responsible, you are still able to obtain compensation from that other person (note, though, that the amount of compensation you will receive will be reduced in proportion to your share of responsibility for the collision).
WHY DO I NEED A FLORIDA TRAIN ACCIDENT LAWYER?
Hiring a train accident lawyer is not a decision o be made lightly. You will want to retain an attorney who has experience investigating these incidents and presenting a persuasive case. But you may be wondering if you need a train accident lawyer at all. Do you really need legal counsel representing you if the train accident was clearly the fault of the train’s operator?
The answer is yes, for several reasons:
- Companies that own and operate trains are represented by law firms whose goal is to limit the financial liability of the company. To accomplish this objective, train company lawyers will attempt to get you to settle your case quickly and for the least amount of money possible. Your attorney can help you evaluate the true cost of a proposed settlement and what course of action is in your best interest.
- Knowledge of the regulations that affect how a train is operated is usually required. Unless you are familiar with these regulations and how they may or may not apply to your case, you will spend valuable time and resources trying to learn them quickly. Even if you learn the major regulations, there may be more minute and obscure regulations and rules that can impact your case that can be easily missed.
- While it is rare that a train company’s attorneys will deliberately hide or destroy evidence, they are not working for you and generally do not have an obligation to help you locate or preserve evidence. Some of the most crucial evidence in a train accident case can be lost if you do not take immediate action to identify the evidence and preserve it for future use.
- Part of your train accident case will be showing that the train company or one of its employees acted negligently or carelessly. Showing this may require the use of experts in a railroad-related field (such as an experienced engineer or someone who is familiar with requirements for railroad crossings). An experienced train accident lawyer will be able to quickly access the best lawyer to help your case.
The sooner you contact Kaiser Romanello following your train accident, the sooner we are able to evaluate your case and determine if you are entitled to compensation. We prosecute our clients’ cases aggressively, knowing that they need full and fair compensation for their injuries as quickly as possible. Let our team of skilled Florida train accident lawyers go to work on behalf of you and your family. Contact us today to learn more about your legal options.