In this type of situation, determining the cause of the accident would be the crux of any potential personal injury claims. There are very few details at the moment, but our Monmouth County Attorneys will run through a few possibilities and how they may impact future legal action.
Regarding the collision between the train and the motor vehicle, we currently know the following:
We do not know the following:
This is pure speculation, but let us go through a few scenarios in which the driver of the car may be able to file a personal injury claim. At this point, we do not know if she will have a case, but for the sake of conversation here are some examples.
Scenario 1: The driver was legally driving over the railway crossing as and was struck by the train while doing so. The train operator was also behaving legally and attentively and simply could not stop in time. The accident was due to a malfunctioning sign at the railway crossing. In this scenario, the driver may have a premises liability claim against the landowner or entity responsible for maintenance of that railway intersection.
Scenario 2: The driver’s car broke down in the middle of the railway crossing through no fault of her own. The operator of the train was not actively watching the tracks in front of the train and failed to take the necessary actions to stop the accident. The driver may have two possibilities here: pursue a suit against the train company for operator error or go after the car manufacturer for a defective product liability claim.
Scenario 3: If the train was speeding, if the brakes were malfunctioning, or if any other errors were made creating an unnecessarily dangerous situation, the driver may find the train company at fault for her injuries.
At the end of the day, individuals injured in accidents caused by trains, cars, or other vehicles may be able to successfully file personal injury claims if their injuries were the result of the negligent or reckless actions of another party.
At The Law Office of Chamlin, Uliano & Walsh, our personal injury lawyers have earned the respect of our local New Jersey community by securing several precedent-setting and landmark decisions. We take pride in using that experience to help our clients secure fair and full compensation for their injuries across New Jersey towns including Red Bank, Freehold, Asbury Park, Middletown, Howell, West Long Branch, and the greater Monmouth County region.
contact us online or through our West Long Branch offices by calling (732) 440-3950 today for a free and confidential consultation with a member of our personal injury legal team.
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