Amtrak® Collision with a Passenger Car Highlights Challenges Facing Train Derailment Victims


December 21, 2013

Collisions between vehicles moving at high rates of speed can always result in mangled wreckage and devastating injuries that permanently impact a crash victim's quality of life. When one of the vehicles is an Amtrak® train fully loaded with passengers and moving at a high rate of speed, however, these risks are magnified considerably. When train accidents occur, they may involve a collision with a car or pedestrian, impact with another train or a derailment. There may be a litany of factors that contribute to a serious passenger train crash, such as train conductor error, inadequately maintained equipment or reckless drivers who attempt to outrace an approaching train.

The recent collision between an Amtrak® train and a passenger car in Virginia that completely destroyed the passenger car serves as a reminder of the carnage that often results when the massive force of a train collides with a passenger car. The driver of the car tried to rush around a crossing arm but failed to make it clear of the train prior to the impact according to a WFXT Fox 25 news report. The passenger car was completely demolished. The driver of the car was injured but somehow survived the collision. The number of injuries could have been much higher if the collision had resulted in the Amtrak train being derailed.

If the train had been derailed so that passengers on the train suffered serious injury or wrongful death, the accident may have posed difficult challenges for those seeking financial compensation. If a train derailment is caused by the driver of a car, truck or SUV who attempts to cross the tracks despite the presence of flashing lights, alarms and a lowered arm, the insurance coverage for the motorist may well be exhausted so that some injury victims injured in the derailment receive no compensation.

Because of the risk of a motorist having insufficient insurance coverage to fully compensate all of the victims in a train derailment, our Georgia train accident attorneys often work closely with train industry experts to analyze factors involving the operation and maintenance of the train that may have contributed to the collision. This investigation may include analysis of such factors as the following:

• Train speed
• Distracted train conductor
• Poorly maintained track or train cars
• Non-functioning crossing guard arms or warning signals
• Delayed perception of a hazard on the track or tardiness in braking

Put Our Law Firm's Over 30 Years of Experience to Work For You!

When these or other contributing factors are present, the railroad company may be liable for injuries and fatalities caused by a train derailment. If you or a loved one is injured or a family member dies in train derailment accident, our Georgia train accident lawyers at Montlick and Associates have been representing injury victims for over thirty years throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you.

Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333).

You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.