Proving Fault in a Train Accident
Liability in a train accident is not always clear. Often times, people assume that train accidents are the driver of another vehicle’s fault; however, that is not always true. In this blog, you will learn about how liability in a train accident is determined.
There are several different scenarios that can arise when it comes to these types of accidents. For example, a car can be stalled on a railroad crossing and the railroad company may be held liable as it is their obligation to try to avoid accidents from happening. Even if it is the car’s fault for stopping on the railroad tracks, that does not mean that it is fine for the train operator to crash into the vehicle.
It is the train operator’s responsibility to make a reasonable effort to avoid a collision from happening. However, if the train operator follows his or her protocol in operating the train in a safe manner and the collision occurs, then the collision would be considered unavoidable and the railroad company will not be held liable. There are different scenarios that can occur, though. For example, if the train operator fails to follow his or her required protocol and he or she did not provide reasonable actions to avoid the accident, then the railroad company and/or operator can be held negligent.
There is also a possibility of a car getting stuck on railroad tracks due to a defective railroad crossing. For example, the railroad crossing may have a damaged warning system, power outages, or damage that was neglected for months. In this case, the railroad company will be held liable.
At Molchan Law, we have years of experience in handling these types of cases. We know what it takes to get to the bottom of the accident. In addition to our years of experience and resources, we bring on accident reconstruction experts and other experts that will be able to prove how the accident happened, which will be beneficial in your case.
Types of Damages That Can Be Recovered in a Train Accident
Whether you were injured or a loved one was killed in a train accident, you can obtain a settlement to reimburse you and your family for medical expenses, funeral expenses, and much more. In addition, there are other damages that the deceased victim’s family can recover, such as loss of support, loss of services, loss of companionship, and loss of consortium.
You should never have to pay out-of-pocket for someone else’s negligence, which is why we will do whatever it takes to get you the compensation you deserve.
Why is the Train Company Liable?
The train company can be held liable for an accident if the plaintiff’s lawyer is able to prove that they were responsible for the accident due to proximate causation. In order for a lawyer to prove proximate cause, the harm that the victim suffered must have been reasonably foreseeable at the time of the accident and the accident wouldn’t have happened if the defendant was not negligent.
In essence, your train accident attorney Torrance must prove that the accident wouldn’t have happened if the train company was not negligent or careless. The best option that is out there for families of victims is a lawyer who specializes in these types of accidents. That way, your attorney will be able to handle the stressful legalities of the case, as these are very complicated.
Contact Our Train Accident Lawyers in Torrance
If you or a loved one was a victim in a train accident, then you need to contact our team at Molchan Law. We will do whatever it takes to prove that the responsible party was negligent. We understand that the repercussions of these cases are never easy to deal with, which is why we strongly advise you to contact a Torrance train accident lawyer as soon as possible to preserve evidence.
It is imperative that you contact an attorney to handle the legalities of your case, so that you and your family is given the compensation needed following a train accident. By contacting us, you will have a personal injury attorney in Torrance helping you ever step of the way.