Train accidents can occur when a train derails, when a train strikes a pedestrian, or when a train and a motor vehicle are involved in a collision at a highway/railroad crossing. Train accidents are often very destructive and cause serious injury to all involved, including passengers on the train and other motorists who are in vehicles that the train collides with. It is very common for people who are involved in train collisions to die from the impact.
If you or a loved one was involved in a train accident in St. Louis, you need to speak with an experienced train accident attorney for help. The conductor and/or the company that operated the train or the tracks may be held legally liable for all injuries and deaths that occur as a result of the collision. However, train accident cases can be very complicated and you need to be represented by a lawyer who knows the ins-and-outs of railway collision claims. Carey, Danis & Lowe has the legal experience and knowledge you need, so call today to speak with a member of our legal team.
Taking Legal Action After a Train Accident
Trains, tracks and railroad crossings must be properly maintained by the train operators and/or by the local government agencies responsible for public roads and railways. A failure to adequately maintain the tracks or crossings can lead a train to derail or can result in a train/car collision. This failure can be considered legal negligence and can make the train company or government agency responsible for compensating victims of a collision.
When taking legal action against a government entity, sovereign immunity rules provide limited protections from liability. You can still sue, but there are different requirements and a specific process to follow so you need an experienced lawyer who knows how to take legal action against government agencies.
In other cases, train accidents occur because of the negligence of the train conductor. For example, crashes have occurred when conductors were distracted and not paying attention to operating the train, or when conductors have traveled too quickly and lost control. If the conductor’s actions were unsafe or inappropriate, is is necessary to evaluate whether the conductor was negligent and whether his negligence was the direct cause of the incident. Negligence is determined by comparing the behavior of the conductor to what an average reasonable train operator would have done under the same circumstances.
When a train conductor was negligent or made mistakes, the conductor is not the only one who could be legally liable for the accident. As an employee, the conductor’s actions are seen as the equivalent of the railroad company itself acting. A train company can thus be held legally responsible for any actions an employee does while on the job.
Train Accident in St. Louis: Getting Legal Advice and Guidance
The injured victim in a train crash must prove that the train company or conductor was to blame and that negligence or wrongdoing was the direct cause of the collision. A St. Louis train accident lawyer can help passengers, pedestrians and other motorists who were injured because of a train collision. Call or contact Carey, Danis & Lowe today to speak with an experienced train accident attorney who can help with your case.