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Railroad Crossing Accidents

Train and Railroad Crossing Accident: Lawyers and Information

Railroad CrossingIf you have found this page, then you are probably one of the terribly unfortunate people to be involved in a railroad crossing accident. In an instant, your life and the life of the people you love may have been changed forever.

You may be entitled to receive compensation for your loss. Some things can never be replaced, but through the legal process you might be able to get some assistance with medical bills, vehicle repairs, pain and suffering, loss of earnings and future loss of earnings. In the extremely unfortunate event that a death has occurred as a result of the accident, you can file a railroad crossing accident wrongful death suit.

Pritzker | Olsen, P.A.specializes in personal injury. We have considerable knowledge and skill when it comes to representing clients who have been in accidents involving vehicles and railroad crossings. With decades of collective experience, lawyers at our firm consistently gain some of the largest personal injury verdicts and settlements, including a recent settlement for $3,750,000.  (The result in this case was based on the facts. The facts of most cases do not support a million-dollar recovery.)

Our senior attorney, Fred Pritzker, has practiced personal injury law exclusively for 29 years. He is a certified specialist, has been named a Super Lawyer, and has been selected for inclusion in the 2005-2006 edition of The Best Lawyers in America. More than that, though, he is dedicated to his clients. He cares about what happens to them.

We hope you find the following information on railroad crossing accident lawyers and information helpful.

Underlying Causes of Railroad Crossing Accidents
You have just joined a large group of people who now know railroad crossing accidents by personal experience. According to the Federal Railroad Administration, every 90 minutes, there is a train collision or derailment in the U.S. Every year for the last ten years, there have been approximately 3,000 railroad crossing accidents. Every year, 1,000 people lose their lives. How does this keep happening?

To highlight one glaring problem, by federal rules, railroads are essentially self-regulated. Federal investigations and the news media have reported numerous safety violations concerning everything from defective train equipment and overworked employees to a lack of employee training and employees who are told not to report equipment defects or injuries. And very little has been done.  Unless there have been several accidents and lawsuits related to a particular site, the railroads have done very little to improve safety.

Maybe the real issue is cost. Most railroad equipment is extremely outdated. Railroad companies continue to use technology that was developed in the 30s, and very little effort has been made to update safety measures. For example, according to the National Transportation Safety Board, more than 80% of public railroad crossings do not have lights and gates, and 60% of all railroad accidents occur at these unprotected crossings. The bells and whistles cost about $150,000 per site, excluding annual maintenance. A crossbuck costs about $1,000. Period. Obviously, we still have a long way to go to protect people from unnecessary and pointless harm.

Railroad Crossing Accident: Attorney Provides Information on What to Do after an Accident
The most important question for you at this point is, "What do I do next?"  If you have been in a railroad crossing accident, there are several important things you need to know:

  1. There are certain laws that govern railroad crossings. For instance, if a car is approaching some railroad tracks and the driver hears or sees a train, the car must stop at least 15 feet from the nearest rail and wait for the train to cross. On the other side, by federal law, when a train approaches a crossing, it must have it lights on and the horn blaring. Those are the basics.
  2. Railroad companies may be liable for injuries caused from any element within their control. This includes railroad crossings, platforms and crashes.
  3. You may only have 6 months to file a lawsuit. If your accident involved one of the many railroad companies owned or operated by the government, you need to move quickly if you want to make a claim. "Tort Claims Acts" may apply to injuries caused by the railroad. Tort claims acts usually require that the government entity be given notice of the injury within a very short time, and prohibit the filing of a lawsuit unless proper notice is given. In some states, the statue of limitations against government entities is as short as six months.
  4. Waste no time in creating a paper trail. Make sure a report is filed with the police, sheriff, or state highway patrol. Obtain names, addresses, and telephone numbers of all the witnesses. Photograph the accident scenes, including all the vehicles involved and any visible injuries. Obtain and keep receipts for all expenses related to the collision.
  5. See a medical professional as soon as possible. Minor injuries can turn into major problems, especially with the neck and back. It is better to get some help now, than to wait until you have permanent problems. You will also need documentation of your condition if you proceed with the legal process.
  6. Do not talk to anyone about your accident. Anything you say to insurance company representatives or investigators could make it harder for you to settle your claim. It is also a good idea not to sign anything, particularly some kind of release form, without talking to a lawyer first. This is just a smart way for you to protect yourself.

Railroad Crossing Accident: Attorney and Free Consultation
For all these concerns, we recommend that you consult with a railroad crossing accident attorney. You probably have a lot to handle right now, and a competent attorney can make sure everything gets done right. An attorney can also make things a lot easier for you by negotiating with insurance companies and guiding you through the legal process.

You probably have questions. You can reach us toll-free at 1-888-377-8900, by email at info@pritzkerlaw.com, or by filling in our online consultation form.  Our consultation is free. We want to make sure you have all the information you need to proceed with confidence.

At Pritzker | Olsen, P.A. & Associates, we know what you are going through. We’ve helped many, many people in your situation put their lives back together. We look forward to hearing from you.


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