Train crashes can be devastating, especially when it leads to severe injury or death. Thankfully, victims are usually able to file personal injury claims to seek compensation for their suffering.
There are a few factors that affect a claim, and negligence is one of them. Therefore, it is vital to determine and prove negligence in a train crash claim.
Personal injury requirements
For a personal injury claim to stand, a claimant must prove that the party responsible for the accident did not uphold a proper standard of care, which led to the accident and caused harm to the represented party. Every person or party has a level of care to uphold to ensure his or her safety and the safety of others. When parties do not uphold that standard, they are being negligent.
In regards to train crashes, there are a few possible causes. Some of the most common include:
- Train or track failure or defects
- Electrical or mechanical failure
- Human error
When parties investigate such accidents, there are usually several contributing factors to consider, as was the case for a Washington crash that occurred with an Amtrak train in December of 2017. The investigators' determinations can be quite helpful in the claim process.
Some companies have secret deals and arrangements in place that determine the way in which they address accidents. For instance, Amtrak has special agreements with federal subsidies and private railroads. Therefore, they pay injured passengers of their trains whether they are at fault or not. For those claimants who are involved in such incidents, though, proving negligence may not be necessary, it is still important for them to be aware of their rights in the situation.
Understanding these aspects can aid claimants in selecting the best options for them. It may also be beneficial for parties to review the personal injury laws of the geographic area to determine the best course of action.