Client: Colling, Gilbert, Wright & Carter
Copyright 2008 Colling, Gilbert, Wright & Carter
Railroad Crossing Accident Questions
In Orlando, Florida
1. Why are railroad crossing accidents so dangerous?
The weight of any train and the speed at which it travels makes them very unforgiving vehicles when it comes to accidents. It is impossible for a train to quickly respond and change a situation to avoid an accident. Therefore, accidents at railroad crossings are extremely dangerous and usually deadly.
2. What can cause accidents to occur at railroad crossings?
Railroad crossings exist everywhere, but they are becoming more and more common in populated suburbs and cities. With the commonality of more crossings come more chances of accidents due to:
� Derailments
� Faulty railroad crossing warning signals
� Faulty train equipment warning of the oncoming train
� Negligent motor vehicle drivers approaching railroad crossings
3. What are the responsibilities of the train crews as they approach a railroad crossing?
Train crews for freight, passenger and light rail trains usually include the conductor, an engineer, a brakeman and sometimes a fireman. The train crew is held to the highest possible standard of care in the operation of the train at railroad crossings. Crew members are obligated to maintain a reasonable lookout and control over the train including slowing due to hazards such as fog, rain, blowing snow and other circumstances that may limit visibility.
4. If I am the victim or the survivor of a victim injured in a railroad crossing accident caused by a train, can I file a lawsuit?
Yes. The railroad and light rail transit companies are obligated to provide protection to the public at and near railroad crossings. Also, a claim may be made against the railroad if the train crew was negligent in the accident.
5. What damages are recoverable in railroad crossing accidents?
In the event of injury or death, damages that are recoverable may include:
� Past and present medical costs
� Wage loss
� Pain and suffering
� Disability
� Emotional distress
If youre spouse was injured or killed in a railroad crossing accident, you are entitled to claim loss of income, services, companionship, care and support of your loved one.
6. When do I need to retain an attorney?
It is advisable to retain an attorney immediately following an accident at a railroad crossing where an injury or death resulted. Your attorney will know how to handle comparative fault issues, how to deal with expert witnesses and how to obtain all related evidence before it has been lost or destroyed due to time issues.
If you or someone you love has been injured or killed in a railroad crossing accident, your rights must be protected as soon as possible. Please contact The Florida Firm immediately.