Railroad Accidents

The general rule is that a common carrier is liable for injuries or damages caused by the negligent operation of its vehicles. If the common carrier is a government-owned transportation system, the government entity may be responsible for injuries or damages resulting from the use of the transportation system.

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There are some exceptions to lawsuits that can be brought against the government. Additionally, every state and local municipality has specific rules and procedures for obtaining a lawsuit against a government entity. The responsibility is assumed if the passenger's personal injuries could have been prevented if the carrier had used proper care.

A train collision personal injury resulting from the carrier's noncompliance with any safety laws will usually assume entire liability. There are over 600 railroads in the U.S. currently.

Sometimes, special notice must be filed with the municipality before a lawsuit may be filed. The filing deadlines for such statements are generally short. If a common carrier has injured you, please contact an attorney immediately to determine the reasonable notice period that applies to your action.

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Railroads must timely report all train/railroad collision to the FRA. When a passenger uses the train for transportation, it is assumed that the railroad will use the highest safety and care measures possible to administer the mode of transportation. When a train or railroad collision occurs, laws exist to determine if the carrier is liable for personal injuries. In most states, a common carrier may be liable for the passengers' personal injuries during the train collision. Other states have regulations that do not hold the carrier responsible for ultimately ensuring the safety of a passenger. Still, they do owe a large amount of responsibility for caring for the passengers.

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