When a pedestrian or a car comes into contact with a moving train, the outcome is almost always tragic. Sometimes the train engineer, the railroad, or another party may be liable.
A common carrier, such as a railroad company, may be liable for personal injuries to passengers. Railroads are required to use the highest degree of care, diligence, and vigilance in the transport of its passengers to the appropriate destination.
Depending upon state law, if a personal injury occurs due to the railroad's noncompliance with safety laws, the carrier may be found to have absolute liability for personal injuries. Also, a common carrier may have a duty to warn its passengers of dangers that exist in transport and that are known to the carrier.
When a driver approaches a railroad crossing, upon detecting an oncoming train, the driver must stop no less than 15 feet from the nearest rail and wait until the train has cleared the crossing.
Railroads have a duty to provide due and timely warning to the general public when their trains approach a crossing. By federal law, all trains must be equipped with (and have turned on) headlights of a specified brightness and horns that produce a warning sound which meets a minimum loudness standard.
State laws often specify that a horn must be sounded when approaching a crossing.
When you have suffered from a transportation accident, the Law Offices of Mark E. Salomone, serving Boston, Worcester, Springfield, and communities throughout Massachusetts, will fight for your rights. An experienced injury lawyer will assist you or your loved one in your case.
Remember, your initial consultation is free, and you don't pay us unless you win.
Contact our firm serving Boston, Springfield, Worcester, and communities throughout Massachusetts to schedule a consultation with a lawyer. Our attorneys are committed to helping victims obtain maximum compensation for their personal injuries.
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