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By Pottroff & Karlin LLC | railroad news
While the vast majority of our cases are railroad-related, the high concentration of railroad-related brain injuries has forced our attorneys to become experts in brain injury law. If you have been a victim and have suffered a brain injury, our attorneys and staff are well-equipped to assist you in any cases involving traumatic brain injury.
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By Pottroff & Karlin LLC | railroad news
A train trolley crash underneath downtown Boston left 50 passengers injured last Friday. The conductor admitted that he was looking down at the time of the crash as he was texting his girlfriend. Officials are cracking down - the head of the Boston-area transit authority is pushing for a ban on cell phone usage for any employee working aboard mass transit carriers (buses and trains).
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By Pottroff & Karlin LLC | railroad news
Three members of a Hannibal, MO family - a father, his 4-year-old daughter, and his 2-year-old son, were headed back from a fishing trip on Tuesday when they began crossing a railroad crossing at the wrong time. Their van was immediately pummeled by an incoming train. Amazingly, though the van was destroyed, no one in the family was injured. The crossing itself is outfitted with flashing lights but no protective gate.
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By Pottroff & Karlin LLC | railroad news
Two umbrella categories can be used to describe how and why derailments occur: technological malfunction (which includes machinery which unexpectedly fails and unkempt, dangerous tracks) and human error (such as mistakes made by the conductor or engineer, inattentiveness or otherwise). It should be emphasized that both of these things are bound to happen with time. Humans, even when well trained and highly qualified, are going to make errors. And in a system like our railroad system, technological errors and malfunctions are bound to occasionally take place.
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By Pottroff & Karlin LLC | railroad news
A Waverly, IA man came to a railroad crossing in his vehicle and, neither seeing nor hearing a train (and being prevented by no gate or light), proceeded to cross the track. Sound reasonable? We think so too. There was in fact a train coming, however, and the broadside of his car was struck by the train, inflicting injuries on the man and destroying the vehicle.
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By Pottroff & Karlin LLC | railroad news
The specifics of your case determine the answer to this question. It is generally in your best interest to contact an experienced railroad accident lawyer to help you decide what actions to take if you have been injured.
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By Pottroff & Karlin LLC | railroad news
A successful lawsuit against a railroad will show that it is liable for injury or wrongful death. When the railroad is shown to be liable, it is responsible for compensatory damages - things like medical expenses, income lost from the accident, loss of family, loss of physical ability, social and educational experiences, emotional damages such as embarrassment, stress, and depression, decreased enjoyment of life, and other possible losses.
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By Pottroff & Karlin LLC | railroad news
The answer to this question is complicated, and the specifics of any particular case are going to be constrained by a variety of factors. For one, it is important to know that federal law preempts state law. If federal law claims that a train was going an appropriate speed, then typically no state law can successfully be used to argue that a train was going too fast. However, matters often get quite complicated in the relationship between the laws.
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By Pottroff & Karlin LLC | railroad news
The answer is dependent on your local jurisdiction. If you are the surviving relative of a train accident victim, then you may be able to file a wrongful death lawsuit for the loss of your loved one. If the victim had a personal injury claim against the railroad for the accident before death, then the personal representative or the executor of the victim's estate may be able to bring that lawsuit on behalf of the estate. To find out specifics about your jurisdiction, contact an experienced railroad accident attorney.
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By Pottroff & Karlin LLC | railroad news
Train accident litigation is a complicated legal arena. It is in your best interest to consult an experienced attorney in this area of law. Intense investigation is almost always needed to ensure a successful case. Because of this, it is imperative to act quickly, to ensure that securing evidence and the interviewing of witnesses can be undertaken by your attorney. If you are unsure, you are welcomed to contact our train accident attorneys and set up a free initial consultation to discuss your options.
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