Individuals or groups of people who are unfortunately injured in a train accident may have limited time to file their claims. Certain quasi-government entities have certain immunities and need to be placed on notice as early as possible. They also have limitations on liability and for some passenger trains a general cap of 200 million dollars for all that are injured in the same accident, which will be discussed a little further down the page.
There are three primary reasons for Train Accident Deaths and Injuries:
1. Machine Error
2. Human Error
Machine error refers to some sort of mechanical error or computer operational error with the equipment.For example, the breaks on the train may fail, the instruments may not show the proper speed the train is traveling, etc.Oftentimes this blends into human error and the Train negligence and mechanical error may spring from a human failure to routinely inspect for issues and promptly resolve them.
Human Train Operator or Train Conductor error in addition to failure to inspect, may include issues like speeding, pulling away from the station too soon, not paying attention to the tracks, distraction and a variety of other ways that humans fail when they are doing their job.Most of the human error is inexcusable. People’s lives are at stake and most train fatalities and serious injuries are avoidable.
Environmental train accidents are from the conditions outside the influence of the first two facts, but are intertwined as the conditions should dictate more diligence in human action.For example, if you’re driving your car or truck slower because of snow, the weather similarly impacts the speed the train may safely travel.
The $200,000,000 cap while hailed by some is a very limiting factor making victims of mass tragedies such as the May 2015 Amtrak derailment have to compete against each other for a limited pool of funds.For example, as of this writing, there are hundreds of people injured with at least 8 dead from the train accident.Assuming that there are dozens of people who may now have some degree of paralysis or some life altering event, the limited pool may not be sufficient to fairly compensate all the train accident victims.
We handle cases on behalf of train accident victims and have our number (877) 561-0000 available 24/7 to field your questions.