What to Do After Being Injured in a Train Collision? Prominent lawyer Chris Movafagh recommends you do the following: You should follow the immediate recommendations of your medical supervisor. If you are planning on taking legal action against the railroad company following a train crash, you will need certified proof of any injuries sustained. The sooner you see a doctor following an accident the better– for yourself and for your case! You may be wondering what level of responsibility a railroad company has in the safety of its passengers. The answer may not be as clear-cut as you expect. There are often notices of claim requirements in injuries on Trains or Train Stations. https://www.movalegal.com/california-train-accident-lawyers/ NJ Transit and Path notice of claims must be severed with certain months . Most modern trains are required to have a “black box” installed somewhere in their locomotive. These boxes are recording devices that keep track of information relating to the train’s performance. They keep note of how fast the train is moving, its direction, even brake and horn use. These devices were originally designed for airplanes and are now used in almost all forms of public transportation. The information stored in the black box can be hugely helpful in determining if significant care and vigilance were taken. What Causes A Train Crash? A railroad-related accident can be caused by a variety of issues. Many of causes could find a railroad company at fault. Sometimes trains go through a mechanical failure with accidents being caused by something like a faulty breaking mechanism. This is usually due to poor maintenance on the part of the railroad company. Trains carrying heavy cargo may run into issues in slowing or stopping. This can often result in collision or derailments. Fatigue, intoxication, or general irresponsibility exhibited by train conductors has also been a known cause of railroad accidents. Outside of the train itself, the railroad company is expected to maintain all other aspects that could affect train safety. These include ensuring the maintenance of the tracks themselves. It also means ensuring that train-crossing areas are marked clearly and properly and that all crossing gates and lights are functioning at peak performance. If an automobile driver were to cause a collision as a result of unclear railway crossing signage, the railroad company would still be liable for all damages. Individuals need not be riding the train to be potentially owed damages by a railroad company. Many train accidents involve injuries to bystanders and pedestrians. These accidents may happen as a train comes in or leaves a station. Understanding Train Crash Damages If you’ve been injured in a train crash it is within your rights to sue the railroad company for damages. As mentioned previously, you will have to prove the railroad company was negligent in some way, and that this negligence helped to cause the accident. The railroad company will likely have its own set of lawyers, and you will need to seek someone with experience in the field to help support your claim. Railroad companies are large corporations, and will likely try to pay out as a little as possible. It is imperative to quickly seek legal counsel following a train crash, as evidence will and witnesses will need to be gathered quickly following the incident. If you have a good case against the railroad company you can sue for a variety of damages. If you have medical bills as a result of injuries caused by the train crash, you can sue for these costs. This can include future medical bills related to your injuries. You may be entitled to lost wages as a result of your injury. You may also be able to sue for loss, pain, disability or emotional distress. An experienced attorney can help calculate damages and seek the compensation that you deserve. Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured. Our website www.njlaws.com provides information on civil cases we can be retained to represent people. WHAT TO DO IF INJURED WHILE A PASSENGER IN A Train - AT THE ACCIDENT SCENE Compiled by Kenneth Vercammen, Esq. from various sources 1. Stop . . . do not leave the scene of the accident. CALL 911, tell them where the accident occurred and ask for medical help if needed. 2. Get names, addresses, and info of all involved. 3. Get description and registration number and insurance information of all cars involved. If a car, have someone get License Plate Number __ 4. Get names and addresses of all witnesses -Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company. 5. While waiting for police, write down- Accident Information Date __ Time __ Location __ No. of vehicles involved __ Weather __ Road conditions __ Damage __ Speed of the other car __ 6. Summary of accident __ 7. Diagram of accident 8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away -not in a week or so. 9. Name of Police Officers, Department and Badge Number 10. Seek hospital/ medical attention. 11. Call a personal injury attorney, not a real estate attorney: Call Kenneth A. Vercammen- Trial Attorney (732) 572-0500 When you need help the most, we will be ready to help you. | 