You may assume that train transportation is safer than standard motor transportation, as you do not have to worry about neighboring drivers who may make errors or otherwise act recklessly. While this may be true to a certain extent, you unfortunately cannot avoid the possibility of mistakes made by conductors, dispatchers, engineers, maintenance crews, or even company management involved in your commute. With that being said, please read on to discover the most common instances of train passenger accidents caused by human error and how one of the seasoned train passenger injury lawyers at Hildebrand McLeod & Nelson LLP can help you decide on what to do if you were made the wrongful victim of one.
What are the types of train passenger accidents caused by human error?
To reiterate, many employees are involved in executing your commute through the passenger train system. This is to say that there are more chances of a human error occurring at one point or another, which may ultimately prompt a catastrophic accident. Below are more specific examples of this:
- Human error by a train conductor: they may fail to follow speed limits or monitor signals, which can cause a major derailment.
- Human error by a train dispatcher: they may fail to give the right directive or signal, which can cause two trains to go on the same track and collide.
- Human error by a train maintenance worker: they may fail to check that doors are secure, which can cause a passenger to get caught in between them.
- Human error by a train management company: they may fail to provide routine safety training, which can cause employees to become unfamiliar with emergency-response procedures.
As an injured train passenger, am I eligible to pursue legal action?
When you determine that human error was the cause of your train passenger injury, you may grow extremely frustrated with the fact that it was arguably a preventable cause. Well, instead of sitting idly in this resentment, you may use this energy to power you towards initiating a lawsuit against the appropriate negligent party.
Well, we may recommend that a federal or state investigator join your legal case. This is because they may work on your behalf to review black-box data, surveillance camera footage, and train crew statements. Also, they may investigate the train management company’s training, supervision, and safety regulation standards.
No matter, it is almost always the case that the train company itself must be held liable. This is even if one of their employees primarily made the human error in the accident event, as they are ultimately responsible for them. Nonetheless, you may ask them for financial compensation for your medical expenses, pain and suffering, future damages, and more.
It is worth mentioning, though, that if you plan to go after a government-run transit system, you may need to undergo a special legal procedure. This typically means a shorter filing deadline. And also, the statute of limitations for your legal claim may depend on the state in which your accident occurred; importantly, not the rule for your state of residence or the train company’s location.
In conclusion, we suggest you employ the services of one of the competent train passenger injury lawyers from Hildebrand McLeod & Nelson LLP if you want the best possible chances at a positive legal outcome. We look forward to serving you.
