Who Is At Fault in a Train Crash?

Collisions between a train and a car can be very severe. The size difference and speed both contribute to the increased likelihood of serious injuries and damage in these accidents.

Train crossing accidents can be somewhat confusing because they involve a train that can only travel on a fixed path and a vehicle. Some people make the mistake of assuming that the driver of the car is always at fault in these cases. However, that is not always true. Instead, these train collisions can be caused by a wide variety of factors, some of which are beyond the driver’s control.

Proving Fault in a Train Crash

To prove fault in a train accident, you need to investigate why the accident occurred. If the train company’s employees did something wrong that caused the accident, then the train company will often be at fault for the accident.

Examples of reasons that a train accident might occur include the following:

  • Failure to follow required protocols regarding speed
  • Failing to use horns or signals that tell vehicles that a train is approaching an intersection
  • Failure to obey posted signs
  • Not watching for obstructions on the track
  • Poor training
  • Employee fatigue or inattention
  • Employee drug or alcohol use

Accidents can also be the result of mechanical failures as well. In those cases, the fault could be attributed to a third party who is responsible for maintaining the train. It could also be caused by a manufacturer design failure or mechanical malfunction based on the manufacture of specific train parts. Even a negligent inspection of a train can cause accidents.

In many cases, there will be more than one party at fault. In those situations, several defendants may be involved in your train accident case.

The Importance of a Thorough Investigation in Train Crashes

Only the train company’s employees will know why an accident happened in most train accident cases. Unfortunately, those employees may not share that information with you, the victim in a train crash.

You must prove fault in a train accident to receive money damages for your claim. A thorough, in-depth (and sometimes aggressive) investigation may be necessary to get the information you need to prove your case.

Our team in Upper Marlboro, MD can help you discover the full story about why an accident happened after a train crash. Contact our team for more information or to schedule a free consultation meeting with one of our experienced train accident attorneys.


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