Pedestrian train accidents are a devastating and often fatal occurrence, particularly in urban areas where trains run through neighborhoods, parks, and busy streets. Unlike vehicular accidents, train accidents involving pedestrians often result in severe injuries or death due to the massive size and speed of trains. Pedestrians are extremely vulnerable, as they have little to no protection against the force of a moving train. Understanding the common causes of these accidents and the legal options available to victims and their families is essential in pursuing justice and compensation.
Common Causes of Pedestrian Train Accidents
Pedestrian train accidents can happen for a variety of reasons, many of which are preventable. Some of the most common causes include:
- Trespassing on Tracks: One of the leading causes of pedestrian train accidents is trespassing. Many people walk along or cross train tracks at unauthorized locations, unaware of the dangers or believing they can safely navigate the area. Trains are often quieter than expected and can be difficult to notice until it’s too late, especially in areas where the tracks are heavily trafficked by pedestrians.
- Distracted Walking: With the rise of smartphones and other mobile devices, distracted walking has become a growing issue. Pedestrians who are focused on their phones, listening to music, or otherwise distracted may not notice an oncoming train or realize they are too close to the tracks, putting them at risk of being struck.
- Insufficient Warnings or Barriers: In some cases, pedestrian train accidents occur due to a lack of proper warning signs, gates, or barriers near train tracks. Without adequate signals to alert pedestrians to an approaching train, people may unknowingly walk onto the tracks, especially in areas without visible crossings.
- Suicides and Mental Health Crises: Unfortunately, some pedestrian train accidents are intentional, occurring when individuals suffering from mental health issues deliberately place themselves in the path of an oncoming train. These tragic incidents highlight the need for improved mental health resources and crisis intervention measures in areas near train tracks.
- Poorly Lit or Obstructed Crossings: In areas where train tracks cross busy streets or paths, poor lighting or obstructions (such as overgrown vegetation or debris) can limit a pedestrian’s ability to see an approaching train. These conditions make it more difficult for pedestrians to judge the safety of crossing the tracks, especially at night or in adverse weather.
The Risks of Pedestrian Train Accidents
Pedestrians involved in train accidents are at an extreme disadvantage due to the massive weight and speed of the train. The force of impact is often fatal, and those who survive such accidents typically suffer severe, life-altering injuries. Some of the most common risks and injuries associated with pedestrian train accidents include:
- Traumatic Brain Injuries (TBI): The force of being struck by a train can cause serious brain injuries, including concussions, skull fractures, and long-term cognitive impairments. Traumatic brain injuries can lead to memory loss, difficulty with motor skills, and permanent disability.
- Spinal Cord Injuries: Pedestrians who survive a train accident may suffer from spinal cord injuries, leading to partial or complete paralysis. These injuries often require extensive medical care, rehabilitation, and lifelong adjustments for victims and their families.
- Amputations: The sheer force of a train can cause crush injuries, leading to the loss of limbs. Victims who survive such injuries may face significant physical and emotional challenges, including the need for prosthetics and long-term rehabilitation.
- Internal Injuries: Pedestrians involved in train accidents often suffer from severe internal injuries, including organ damage, internal bleeding, and fractures. These injuries may not be immediately apparent but can be life-threatening if not treated promptly.
- Fatalities: Tragically, the majority of pedestrian train accidents result in fatalities due to the extreme force of impact. Families of victims are left to cope with the emotional and financial toll of losing a loved one, often in a sudden and violent manner.
Legal Rights for Pedestrian Train Accident Victims
Victims of pedestrian train accidents, as well as the families of those who have lost their lives, may be entitled to compensation for their injuries and losses. Determining liability in these cases can be complex, as multiple parties may be involved, including:
- Railroad Companies: Railroad companies are responsible for maintaining safe conditions near their tracks and crossings. If the accident occurred due to insufficient warnings, malfunctioning gates, or poorly maintained tracks, the railroad company may be held liable for the injuries or deaths caused by the accident. They may also be responsible if the train operator failed to sound the horn or brake in time to avoid hitting the pedestrian.
- Government Entities: In cases where a lack of proper signage, lighting, or barriers contributed to the accident, the local or state government responsible for maintaining the crossing may be held accountable. Government entities must ensure that crossings are safe for both vehicles and pedestrians.
- Third-Party Contractors: If a third-party contractor was responsible for maintaining the train tracks, crossing signals, or gates, they may share liability if their negligence led to the accident.
Compensation for Victims and Families
Victims of pedestrian train accidents and their families may be entitled to compensation for a variety of damages, including:
- Medical Expenses: Victims may receive compensation for medical bills, surgeries, rehabilitation, and long-term care resulting from injuries sustained in the accident.
- Lost Wages: If the victim is unable to work due to their injuries, they may be entitled to compensation for lost wages and any future loss of earning capacity.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and psychological trauma caused by the accident is often available to victims.
- Wrongful Death: In cases where a loved one is killed in a pedestrian train accident, surviving family members may file a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.
Why You Need an Attorney After a Pedestrian Train Accident
Pedestrian train accidents often involve complex investigations and multiple parties, making it essential to have experienced legal representation. An attorney can help you navigate the legal process, gather evidence, and determine who is liable for the accident. Your attorney will also negotiate with insurance companies and railroad representatives to ensure that you receive fair compensation for your injuries or loss.
Spagnoletti Law Firm has attorneys licensed in Texas, Florida, New Mexico and New York. We have previously handled multiple cases involving train accidents. Our attorneys have the experience and the skills needed to aggressively represent the families of loved ones who have lost their lives or been seriously injured in an accident involving a train or commercial vehicle. The experienced accident attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one was involved in an accident involving a train. Please contact us online or call 713-804-9306 or to learn more about your legal rights.