Though train/pedestrian accidents aren't nearly as common as other vehicle accidents, they do happen. Though some accidents do result in a fatality, more often than not, a person who is hit by a train survives. However, injuries are usually severe — they may be dragged under the train and lose a limb. If you or a loved one has suffered an injury in a railroad accident, contact a lawyer who has experience with these types of injury cases.
Ocala Train Accident Attorney
Defending a pedestrian who has been struck by a train can be difficult. The railroads generally defend themselves by pointing to their "stop, look, listen" campaign. In other words, railroads claim they are not responsible for an individual's injuries because they have warned people to stay out of their way. If a railroad crossing isn't well marked or protected (and many are not), then the railroad company may point the finger at the county or city, claiming that it is the county's or city's responsibility.
When preparing to argue a case for a train accident victim, I do a meticulous investigation. I study the scene, and I take technical aspects into account such as how the breaks of the train function, and what the stopping distance of the train would be. I also consider who owns the tracks themselves, what rights and responsibilities they have, and many other factors.
I have successfully litigated a number of train accident cases, such as Seaboard System Railroad, Inc. v. Mells. In this case, Mr. Mells was struck and run over by a train, resulting in the amputation of his right arm. I proved that the train, which was being operated at only 10 mph to 11 mph, could be stopped in only 130 feet. The engineer first saw Mr. Mells at approximately 300 feet and found him to be unresponsive even after several blasts from the trains horn. The court held that the railroad had a duty to stop for the helpless Mr. Mells, who was awarded $200,000.
Gainesville Railroad Accident Injury Attorney
If you or a loved one has been injured in a railroad accident, you may be entitled to compensation. Consult with an attorney who has experience with railroad accident cases. Contact the law office of Terence J. Kann in Gainesville, Florida, today to schedule a free initial consultation.
