Train Accident Aftermath

 Posted on January 05, 2015 in Personal Injury

The Metra Transit System, commonly referred to as Metra, is responsible for commuting approximately 81.3 million passengers. The Metra is the fourth busiest commuter rail system due to its high passenger volume. Despite the Metra's statistics demonstrating the reliability of the rail system, accidents occur due to train collisions with vehicles, people, and may also occur because of faulty or damaged railways, therefore leading to serious injuries and even fatalities among the millions of riders.

Police and public agencies are responsible for maintaining a safe railway environment and the safety of the general public; however, human behavior is often unpredictable. Railway safety is critical to maintaining a safe environment in support of police efforts, and it is the duty of those employed by the railway to properly maintain the trains and equipment. Accidents are not predictable and the actions of employees of the railway or the actions of others can seriously injure passengers.

Commuter Rail Liability

Commuter rail companies owe a duty to their passengers, and this duty may be violated if the railway is liable for any of the injuries sustained by those traveling.

When an accident takes place, evidence is crucial. This evidence includes videotapes of the accident and "black box" data. The engineer of the train is investigated. The investigation looks for evidence that the engineer was negligent by ignoring signals or operating the train while intoxicated. The investigation will also reveal whether there was a faulty railroad crossing signal resulting in a collision. The evidence helps to establish a breach of duty and/or negligence on the part of the railway. Once demonstrated, settlement or litigation can be sought.

Those who either survive a train crash or those aboard the train who are injured should not represent themselves. There are procedural and jurisdictional rules that must be followed when seeking compensation for injuries caused due to a commuter train accident.

Who May Receive Compensation?

If the accident results from a car collision, the passengers of the vehicle may seek compensation; however, so may the passengers aboard the train and those boarding or exiting the train. Additionally, there are several reasons for injuries caused to passengers, employees, drivers, and pedestrians at crossings.

Metra accidents can be scary for passengers. The passengers aboard the train during an accident may sustain injuries. These injuries may result from items stowed becoming loose and striking a passenger during an abrupt stop or from the passengers themselves being injured due to a crash.

Accident Injury Attorney

Commuter railway accidents range from minor to major, and can lead to devastating injuries or death. If you find yourself in a predicament and need representation, the experienced DuPage County accident lawyers at Mevorah & Giglio Law Offices will listen to the facts of your case and advise you of your rights.