This will depend on the circumstances surrounding your accident:
- an error made by the conductor;
- a defect in the rails or the train itself; and
- signals that fail to work could be potential causes of an accident.
Determining who may be held liable most likely will require experienced legal counsel.
Ways to Prevent a Train-Car Accident
Some accidents, such as a train derailment, may not be avoided. However there are safety measures you can take to better protect yourself from an accident with a train.
For instance, you should never attempt to go around the safety arms or otherwise try to beat a train. It can be difficult to judge how fast a train is coming. There’s also the risk of running into a problem while crossing (such as getting stuck), which could leave you vulnerable.
You should also not rely solely on signals or the safety arms to warn you of an oncoming train. Before you approach any tracks slow down, look and listen before you cross. Be sure to look both ways as a train may come from either direction.
Whatever you do, never stop your vehicle on the tracks. Some streets may be laid out so that at a red light, you could end up sitting on the tracks. Leave plenty of distance between yourself and the rails in the event a train comes before the light turns green. Otherwise, your vehicle may end up trapped.
Even after a train has passed, before you cross, look to make sure there isn’t a second train coming behind it. Never assume it’s safe to go over the tracks until you’ve checked yourself.
It’s possible that you or your loved one may suffer this sort of incident because of the negligence of others, such as other drivers, conductor, or operator. If this is the case, you may be entitled to compensation. If you live in Louisiana, consult with a personal injury attorney from Gray & White at 1-888-450-4456 or 502-210- 8942.
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