The railroads still play a major role in the economy of southeastern Texas and the rest of the country. With so much product moving over the rails, it is inevitable that intersections will exist between railroad tracks and roads. This means that people in motor vehicles, on bicycles, and even on foot can have close interactions with dangerous trains. It is not surprising that people can suffer severe injuries or even death when the railroad companies fail to provide proper protection.
A Bellaire railroad crossing injury lawyer may be able to help you pursue the compensation that you need to make things right. This can include payments for your medical bills, compensation for lost wages, and payments for emotional trauma. A seasoned personal injury attorney is ready from day one to investigate the incident, determine fault, and pursue your case for the compensation that you deserve.
Potential Hazards at Railroad Crossings
Places where railroad tracks and other travel paths intersect are always dangerous locations. The most obvious hazards are the trains themselves. A train moving at even a low speed can easily devastate a motor vehicle and the people inside. That is even more true for people on bicycles or on foot.
However, if a train is not involved in causing an injury, the railroad companies may still be to blame. For example, faulty safety gates and other equipment could cause collisions between vehicles or cause a driver to lose control. If a railroad company was negligent in allowing this malfunctioning equipment to remain in place, they are liable for the resulting damage. A Bellaire railroad crossing injury attorney is prepared to perform a full investigation into the moments leading up to the incident and build powerful cases against responsible railroad companies.
When is a Railroad Company Responsible for an Injury?
There is no doubt that injuries that occur at railroad crossings can have a devastating impact on a victim’s life, from broken bones, to head injuries, to potential limb amputation. Cases following these incidents can often seek out payments for physical injuries, emotional traumas, and lost wages.
However, a person cannot just show their hospital bills and expect to be compensated for them automatically. Instead, victims must show that the railroad company was negligent in allowing the incident to occur. Facts in a case that may indicate railroad negligence include:
- A lack of properly working crossing barriers
- Trains operating without lights
- Broken rails intersecting with road segments
- Obstacles, such as trees or buildings, that obscure the sight of travelers
A railroad crossing injury lawyer in Bellaire must show that a railroad company was negligent in allowing an incident to occur. They also fight back against the common defense tactic of alleging shared fault. Under Texas Civil Practice & Remedy Code § 33.003, people who are partially to blame for their injuries cannot collect full compensation for their losses. If the victim was deemed 20 percent at fault, they may have their damages award reduced by 20 percent. A lawyer could counter any attempt to pin blame on the plaintiff.
Speak with a Bellaire Railroad Crossing Injury Attorney Immediately
Railroad crossings are dangerous places that put drivers and pedestrians alike at risk of serious harm. Not being able to see a train due to obstructions or a lack of lights means that vehicles may become stuck on the tracks. Collisions may also result from poorly maintained or missing traffic gates.
Railroad companies that allow these incidents to occur due to their negligence are responsible for all resulting damage. A Bellaire railroad crossing lawyer wants to help you pursue your case by showing how a railroad company was negligent in allowing an incident to occur and demonstrate how the event has changed your life. Reach out to us today for a free consultation.