Railroad pedestrian accidents make up a small but growing percentage of pedestrian accidents. Rail companies and governments have safety regulations in place at railroad crossings to protect pedestrians, but these can fail, and the consequences can be deadly when they do.
If you’ve been injured by a train as a pedestrian, you need a National railroad injury lawyer from Poolson Oden to assess your case. If your injuries were the result of the conductor or rail company’s negligence, we can file a lawsuit to recover compensation for your medical bills, lost work income, and more.
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Why Choose Poolson Oden for Legal Representation
Rail companies are governed by federal laws, and pursuing a railroad accident claim requires in-depth knowledge of train regulations and business practices. Our firm focuses primarily on litigating railroad injuries and has extensive experience managing these types of pedestrian accident cases. Railroad law is complicated, but we have the knowledge required to pursue your case effectively.
Our attorneys have over 80 years of combined legal experience and a proven track record of successful settlements for railway accidents and related injuries. We understand firsthand the devastation that a train accident can cause and will use our skills and experience to seek justice on your behalf.
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Causes of Pedestrian Injuries at Rail Crossings
Pedestrians can sustain several types of injuries at a rail crossing, whether they are struck by a train or fall due to dangerous track conditions. There are several causes of pedestrian accidents at rail crossings, many of which are preventable and the result of negligence.
- Distractions on the part of the train operator or conductor
- Failure of train brakes or other safety systems
- Negligent train track maintenance
- Lack of safety barricades or warning signs
- Poor lighting or obstructions at crossings
Suing for Negligence After a Pedestrian Rail Crossing Accident
There are several parties that could be liable for a pedestrian accident at a rail crossing, such as those listed below:
Train Conductor
Train conductors can be liable if they engage in and cause the accident due to their negligence. For example, a conductor may be distracted and fail to slow and stop the train in time. The conductor may also misjudge the distance between the train and the pedestrian.
Rail Company
Rail and train companies may also be liable if there were mechanical defects in the track or train that they failed to fix. For example, imagine a rail company fails to inspect the brakes on one of its train cars. The company could then be liable if the brakes failed and caused injury to a pedestrian. Similarly, the company that laid down the tracks may have made errors that cause pedestrians to lose their footing and fall.
Rail Design Firm
Some rail crossings may have inherently dangerous designs that make pedestrian accidents more likely. For example, a crossing may lack sufficient lights or signage to warn pedestrians of oncoming trains. In these cases, the entity that designed the dangerous crossing could be held liable.
Government Agencies
Railroad planning and design is typically overseen by government agencies, like the Department of Transportation. These entities can be liable for infrastructure failures or for failing to enforce rail safety regulations.
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Compensation You Can Recover After a Rail Crossing Pedestrian Accident
Depending on your circumstances, we can recover financial compensation for the following kinds of economic and non-economic losses:
- Emergency medical care. A settlement will cover all your necessary emergency medical expenses, including stabilizing care, surgeries, and hospital stays.
- Rehabilitative treatment. You can also claim the cost of long-term therapy, like physical/occupational therapy and medical devices.
- Lost work income. A lawyer can calculate the value of income you lost from missing work due to your injuries.
- Reductions in earning capacity. If disability requires you to change your job, we can recover the difference in pre- and post-injury expected earnings.
- Pain and suffering. We can also pursue damages for the physical pain and conscious suffering associated with your injuries.
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Time Limit for Suing After a Railroad Crossing Accident
You don’t have unlimited time to file a pedestrian real crossing accident lawsuit. The statute of limitations for filing can range between one and six years, depending on the specific state where the accident happened. If a government entity were responsible, there may be additional time limits and filing requirements to satisfy.
Missing the timelines will make your legal claim to damages null and void. Building a strong case can take months or even years, so you need to start early. A personal injury lawyer can ensure that you meet all filing deadlines/requirements and reduce the risks of payment delays.
Contact a Railroad Crossing Pedestrian Accident Lawyer
If you’ve been injured as a pedestrian at a rail crossing, you need an attorney with a detailed focus on railway-related injury cases. The team at Poolson Oden is here to offer our insight and legal guidance. You can count on us to pursue your interests using every strategy and resource available.
Contact our offices online or call today to speak to a railroad crossing pedestrian accident lawyer to learn how we can help you Stay on Track.