New Jersey Train Accident Attorney

Train Accident Attorney New JerseyTrain accidents may be uncommon, but they do happen, and they happen for various reasons which are sometimes beyond anyone’s control. However, if you or a loved one has been injured in a New Jersey train accident resulting from a railroad employee’s negligence or equipment failure, you may be entitled to compensation.

Train operators have a duty to operate the train safely for the protection of passengers and the safety of the public at large. That means train operators are responsible for ensuring that the tracks are clear and free from hazards and must always remain awake and alert. If there has been any failure to operate the train with the utmost safety and an accident occurs as a result of this carelessness and negligence, injured victims may be entitled to compensation.

Causes of New Jersey Train Accidents

The companies that operate New Jersey’s trains have a limited duty to ensure that children do not play on railroad tracks. Although children in such situations would be considered trespassers, New Jersey law can still hold railroad companies liable under what is known as the attractive nuisance doctrine. If your child was injured in a train accident under these circumstances, you should immediately contact an Elizabeth train accident lawyer to seek the compensation you and your child deserve.

In other situations, railroad gates may fail to properly deploy and alert oncoming traffic that a train is coming. Anyone injured in these situations may be entitled to compensation, regardless of whether the cause was an equipment failure or train operator error.

Other common causes of New Jersey train accidents include the following:

  • Operator error
  • Equipment failure
  • Operator Distraction or inattention
  • Operator impairment (from fatigue, drugs, or alcohol use)
  • Speeding
  • Brake malfunctions
  • Engine mishandling
  • Weather issues
  • Driver error
  • Safety failures (such as checking safety or brake systems)
  • Failure to stop where required
  • The release of toxic cargo or hazardous materials
  • Explosions
  • Tunnel or bridge collapses
  • Signal errors
  • Track obstructions
  • Design errors
  • Overloaded or poorly secured freight
  • Improperly secured freight
  • Dangerous station conditions
  • Derailments

When an equipment failure is determined to have caused a train accident, the manufacturer, maintenance company, or both, may be to blame. If the train operator or some other railway employee has made a mistake or has acted in some reckless or negligent manner, the company will commonly be held liable under the “respondeat superior” theory, which embodies the general legal rule that employers are ultimately responsible for an employee’s negligent act or omission.

Common New Jersey Train Accident Injuries

Injuries sustained in a train accident are similar to the injuries that car accident victims experience, with one significant difference; victims involved in motor vehicle accidents are likely wearing seatbelts and benefit from safety features like airbags. Unfortunately, most trains are not equipped with these life-safety features, and passengers may be thrown around violently during a New Jersey train accident.

Train accident victims are fortunate to escape with just some minor bumps or bruises because train accidents can have severe consequences for victims, including:

  • Skull fractures
  • Broken bones
  • Traumatic brain injuries
  • Lacerations
  • Back, neck, or spine injuries
  • Strained or torn muscles or ligaments

Train accidents can even result in death.

Anyone injured in a New Jersey train accident must seek medical attention immediately. Even if you feel okay following the accident and your injuries seem inconsequential, things can take a turn for the worse rather quickly. Not only is it essential to seek the help of a medical professional to ensure your overall health and safety, but your medical record will be an integral part of any personal injury claim you may file.

Contact a New Jersey Train Accident Lawyer

If you or a loved one has suffered injuries from a train accident, you must immediately contact a New Jersey train accident lawyer to ensure you get the compensation you deserve.

At Beninato & Matrafajlo Attorneys at Law, we fight for the rights of New Jersey train accident victims. Our New Jersey personal injury lawyers have the experience and knowledge to help you file a claim and help successfully resolve your case.

For more information or to schedule a free consultation with a New Jersey train accident attorney, please call Beninato & Matrafajlo at (908) 355-7100.

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