According to the Federal Railroad Administration, there were 143 cases of casualties related to railroad crossings in 2018 in Missouri.
When these cases happen, people are generally left with fairly severe injuries that require extensive medical treatment. These treatments are expensive, and you are left wondering if there is any way of getting compensation to cover them. But the question is, who do you file the claim against?
Determining Liability
The only way to know who is responsible for these types of accidents is to take a close look at the details of the case. Your St. Louis car accident attorney can take a look at your situation and see who may be held responsible for the incident, generally by determining what caused it in the first place.
Possible causes of the accident can be:
1. Lack of or Defective Crossing Signals
It’s possible you tried to cross the railroad because nothing informed you of an oncoming train, such as gates or lights. These details can generally point the finger toward the people who are responsible for ensuring these signals work properly, most commonly the railroad company.
If that is determined as the cause of the accident, then it’s possible to demand compensation from either the employees in charge of the signaling devices or the company itself.
2. Other Negligence
Particularly in rural or remote areas, it’s possible there is no need for a gate, as there is not much traffic. However, trains should sound the horn once they approach a crossing, and failure to do so may be the cause of the accident. The area in question may also not be properly maintained, and elements like overgrown trees can make it difficult for drivers to see the train until it is too late.
Sometimes, these accidents are avoidable and drivers manage to get out of harm’s way just in time. But if they don’t, victims have the right to hold the responsible party accountable.
What Happens Next?
Determining who is responsible for the accidents requires some investigation. While these cases are often analyzed by the police, you can also contact a St. Louis auto accident lawyer and have them gather evidence on your behalf to see who may be held accountable.
Essentially, you have to prove a party is guilty of negligence, which is why the accident happened in the first place. However, in
That is why you should consider working with a St. Louis car accident lawyer, as they can help defend you if such accusations arise, and prove the blame is on the other party.