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| TRAIN ACCIDENTS l Frequently Asked Questions |
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"Contact an train accident lawyer to schedule your initial free consultation."
Remember that the laws in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas are different. You should consult with a locomotive / railroad injury lawyer who is familiar with the laws of the State in which you were injured and has experience taking on large insurance companies in the pursuit of compensation for victims of personal injury accidents. |
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Accidents: Vehicle/Pedestrian Crossings
Railroads have a duty to persons at crossings. While trains generally have right of way, railroads must exercise care when their lines cross roads. Railroads meet this requirement by erecting crossing barriers, posting signs or guards, and maintaining any protective or warning devices. Train engineers are also required to slow down to avoid accidents and to sound their horn to warn any vehicles or pedestrians in their path.
Persons killed or injured by a train at a crossing may claim that the railroad was negligent in exercising this care. In technical terms, they must show that the railroad owed them a duty. This exists when the railroad owns the property where the tracks are located. As the property owner, the railroad is responsible to ensure visibility and alleviate any conditions that make the crossing dangerous. The state or federal agency controlling the road at the crossing may also have a duty. The advice and participation of an experienced attorney can be invaluable in determining whether a duty and therefore negligence can be shown.
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Accidents: Passenger Accidents and Derailments
Passenger railroads are required to provide transportation to anyone who pays the fare, and are therefore common carriers. As common carriers, they have an obligation to protect their passengers and warn them of any known hazards. They must also protect passengers from potential danger while embarking or disembarking, between railroad cars, and within their train compartments. In addition, railroads are required to protect passengers from injury by third parties (such as other passengers) while in their care.
Railroads are also liable for injuries or deaths caused by derailment. While these accidents are rare, when they do occur they can cause catastrophic injuries to passengers and those nearby. In these cases, courts judge the railroad’s responsibility under negligence law, and apply standards similar to crossing accidents.
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If you would like to schedule a free initial consultation regarding a train accident related injury, please contact the Shanks Law Firm at (712) 322-2600 or complete our inquiry form.
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© MMVIII Shanks Law Firm. All Rights Reserved Address: 409 West Broadway, Council Bluffs, Iowa 51503 Toll Free: (888) 322-2608
Tel: (712) 322-2600 Fax: (712) 243-2132 Email: info@councilbluffsfelaattorney.com |
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Council Bluffs, Iowa based attorney practicing in Iowa, Nebraska, Missouri, Kansas, Minnesota, Wisconsin, North and South Dakota and surrounding areas which include the cities of Council Bluffs, Glenwood, Red Oak, Sioux City, Atlantic, Sidney, Logan, Onawa, Clarinda, and Harlan and the communities that make up Pottawattamie, Mills, Montgomery, Cass, Fremont, Woodbury, Harrison, Monona, Page, Shelby counties in Iowa and Omaha, Blair, Fremont, North Platte, South Sioux City and the communities that make up Douglas Washington, Lincoln and Dakota counties in Nebraska. |
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