NewsChannel5 reports on a collision involving a train and a passenger vehicle that left the motorist with severe injuries. According to police, the accident happened at around 2 a.m. when the man was trying to get onto Highway 70.
The force of the train’s impact pushed the car down the tracks about a quarter mile before it stopped. The man sustained serious injuries, and responders transported him to Vanderbilt University Medical Center, where doctors listed him in critical condition.
As you might suspect, collisions between cars and trains are often devastating for the individuals in the car because trains are large and travel at a high speed. According to Operation Lifesaver, 798 people sustained injuries at railway crossings in 2016. Although most railway crossings have signs and traffic signals that warn motorists of approaching trains, that does not necessarily mean that all 798 people were liable for their injuries.
If you sustained serious injuries in a collision with a train, turn to the Law Office of George R. Fusner Jr. Mr. Fusner has more than 40 years of experience as a practicing attorney, and will relentlessly help you fight for the maximum payout. Call 800-427-8960 to schedule a free initial consultation with a car wreck lawyer in Nashville.
How to Determine Liability after a Train Accident
If your vehicle stalls at a train crossing and a collision results, you may not be liable for the accident. Like other commercial transportation professionals, train engineers have an obligation to attempt to avoid potential hazards, and these include stalled vehicles on the tracks.
If a vehicle is stalled at a train crossing, the train’s crew must make a reasonable attempt to avoid a collision. They should have received training in such emergency scenarios, and they should act accordingly.
If the train’s crew takes reasonable measures to avoid an accident by following emergency protocol and a collisions still occurs, the accident will likely be considered unavoidable, and the railroad company will not be liable for damages. If the train engineer fails to follow emergency protocol, though, the transportation company may be partially liable for the collision and any damages that result.
The railroad company may also be liable for collisions that occur as a result of defective tracks. If your car gets stuck on the tracks and you sustain debilitating injuries as a result, you may have grounds for a personal injury claim. Another area is vegetation that obscures the drivers vision down the track. In such cases it is critical a experienced lawyer is hired to document the scene BEFORE the railroad fixes the problem.
If you were injured at a train crossing, contact the Law Office of George R. Fusner Jr. to discuss your case. You may be entitled to compensation for medical bills, lost income, and non-economic damages.
George R. Fusner Jr. will help you avoid costly mistakes during the claims process such as accepting a settlement too early, making a recorded statement to the insurance company, or overlooking future damages. Call 800-427-8960 to schedule a free initial consultation with a Nashville accident attorney. If you would like to learn more about car accident claims in Tennessee, visit the USAttorneys website.
