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Durham Railroad Accident Lawyer
Railroad Injuries in Durham, NC
Every day, trains pass highways and side streets in rural areas, small towns, and urban cores in North Carolina. Most train rides are uneventful; however, railway accidents, such as crashes at highway crossings, derailments, passenger falls, and other occurrences, sometimes result in significant injuries.
If you have been injured in a train or train station accident, contact our skilled Durham railroad accident lawyer as soon as possible. You may be able to seek compensation for your medical expenditures as well as additional losses, such as pain and suffering.
In North Carolina, the Durham railroad accident attorney at Diener Law has the knowledge and experience needed to protect your interests following a serious train accident injury. We may perform an impartial investigation into the accident and your injuries and assist you in obtaining just compensation. Call our personal injury law office today to schedule a consultation.
Why Do I Need a Railroad Accident Lawyer in North Carolina?
Train accidents are extremely devastating. A collision between a car and a train is analogous to a collision between a car and a soda can – the size and weight of a train going at what appear to be slower speeds result in a physically catastrophic impact.
If you have been injured in one of these accidents, our reputable Durham railroad accident lawyer will give you honest, clear legal advice. Railroad companies are renowned for rejecting responsibility, especially near railroad crossings, making this litigation difficult to navigate.
Our personal injury lawyer will tirelessly analyze the facts of your case to determine the extent to which the railroad company was at fault, what types of compensation you may receive in a settlement or trial, and, ultimately, we will fight on your behalf to ensure that your rights are upheld, no matter how difficult the battle appears to be.
What Are the Common Causes of Train Accidents in North Carolina?
When there are several injuries in a train accident, the National Transportation Safety Board (NTSB) dispatches a multi-member investigating team to take charge of the accident scene. Following the completion of its investigations, the NTSB produces an accident report.
Field staff from the Federal Railroad Administration (FRA) are routinely called to the scene of major train accidents to investigate the cause and whether an NTSB inquiry is necessary. The FRA also makes public its accident records and compiles railroad safety statistics online.
According to FRA data, train accidents are caused by human error, inability to meet or maintain safety requirements, equipment failure, track failure or obstruction, or a combination of these factors.
- Errors in Train Operation
- Mechanical and Electrical Breakdowns
- Defects in the Track and Railroad Bed
How is Liability Determined in a Train Accident?
In a railway accident, liability, or fault, is decided by who was legally liable for safeguarding the victim from their injuries. Commuter trains and railroad companies are both considered common carriers because they are paid to transport passengers. While a common carrier cannot guarantee rider safety, they are bound to strict responsibility rules to keep their passengers safe.
Railroads, like airplanes, must install a device that records information that may be useful in determining the reason for a collision. This material is critical for our Durham railroad accident lawyer in proving the operator’s or railroad company’s negligence.
Our knowledgeable Durham railroad accident attorney is here to assist you in understanding what to expect. The following is a broad overview of the FELA claims process:
- Inform your railroad employer. Make sure they write an official record outlining your injuries and that you receive medical care.
- Document the accident site as thoroughly as possible because it will be used as evidence in determining carelessness and fault:
- Hire a lawyer. Our skilled Durham railroad accident attorney may negotiate a settlement with the responsible party or initiate a civil case in which the defendant must respond within a specific number of days (usually three weeks).
- During the discovery phase, both sides will exchange documents and information.
- If no settlement has been achieved, both parties will either participate in Alternative Dispute Resolution (ADR) to address the issues before trial, or they will go to trial to present evidence, interrogate witnesses, and argue on behalf of their respective clients.
- If neither party chooses ADR, a judge will decide the trial’s outcome and resolve the case. Both parties have the right to appeal the judge’s decision to a higher court.
What Are the Three Kinds of Railroad Accident Lawsuits?
While railroad accidents can be caused by and include a range of problems, our team has concentrated on some of the most prevalent basic types of railroad accident lawsuits that victims might file:
Like any other type of negligence litigation, victims injured in railroad accidents that could or should have been prevented can bring personal injury claims to obtain compensation for their losses, including medical bills, mental distress, lost earnings, and more.
Personal injury suits focus on proving that one party was negligent in their activities and that their carelessness more than likely resulted in an accident and injury.
Because of the nature of railway accidents, many have a significant potential for fatality. If the accident might have been avoided, some family members of a deceased victim may be eligible to seek compensation by bringing a wrongful death claim.
Wrongful death lawsuits enable surviving families to seek justice by holding the at-fault party accountable. They can give compensation for their mental distress, loss of financial and emotional support, burial expenses, and other costs.
Tort Claims Act
The tort claims act is a federal statute that enables victims injured due to government organizations to make compensation claims. Because many railways are run or owned by government bodies, victims may need to file claims against the government under the Tort Claims Act.
How Can I Recover Compensation for My Train Accident Injury?
The North Carolina Tort Claims Act (NCTCA) allows the state to be sued if an officer, employee, or agent acts negligently while performing their duties. In other words, if you were injured in a North Carolina railway accident while riding a train owned by a local body, you could sue the North Carolina Department of Transportation just like you would a private corporation.
If you are suing a North Carolina government entity for personal injury, you must submit your claim within three years of the date of the accident and within two years for wrongful death.
Following a railway accident that wounded numerous persons, legal claims may be pooled into a class action lawsuit against a common defendant. A knowledgeable Durham railroad accident attorney, such as ours at Diener Law, can help you get compensation for your injuries and other accident-related expenses.
A railroad accident lawsuit is more likely to be handled out of court through negotiations, especially if it is a class action. If a class action suit is declared, our team may be able to pursue a separate claim for you or join your claim to one.
What is the Degree of Care That Train and Railroad Companies Must Follow?
Train and railroad companies are considered common carriers, which means they must exercise the highest degree of care to safeguard the safety of their passengers. This requires them to take the following steps:
- Make certain that their tracks are built with the right materials.
- Inspect the rails for flaws and risks, and keep vegetation off them.
- Employ qualified individuals.
- Check that all warning lights are operational.
- They must maintain and repair their lines and trains.
- Engineers, conductors, and other training staff must be properly trained and supervised.
Contact Our Experienced Durham Railroad Accident Lawyer Today
Railroad and train company injury claims are tricky. Instead of going through the standard claims procedure after a vehicle or truck accident, you are compelled to follow very complex administrative protocols and rules. When dealing with the terrible injuries that frequently accompany a rail accident or the loss of a loved one, you will most likely lack the time and capacity to accomplish everything yourself.
Put your faith in Diener Law’s highly qualified and aggressive Durham railroad accident lawyer. We recognize how difficult this circumstance is and the need to provide clear, simple information. Contact us immediately by phone or online. We are ready to assist you in navigating all your legal options. Call us today to discuss your personal injury case!
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