If you want to understand the laws of railroad accidents, you must look into federal laws. Railroad safety falls under the rules and regulations of the Federal Railroad Administration (FRA) as well as the National Transportation Safety Board (NTSB), which regulates railroad safety and determines the cause of accidents. Are you one of the 3,000 people or more who have been involved in a train accident and now you want to determine the liable party to receive compensation for your injuries? Now you can find out more.
Common Carrier Laws
In New Jersey and many other states, trains and railroad tracks are monitored under something known as common carrier laws. Under common carrier laws, those who operate these vehicles must ensure the utmost of safety to their passengers and cargo or else they could face civil liability. Federal regulations look out for equipment requirements, licensing, and transportation procedures.
- The railroad company operating the train may be held liable if they do not operate their train in a safe and prudent manner and put people at risk. A railroad, then, has a duty to ensure that everybody involved with the train are properly trained and make sure that speed limits are always followed.
- The railroad company that owns the truck could be found liable as well if they do not properly install and maintain lights and gates at crossings or ensure that approaching motorists have clear lines of sight.
- The train designer or manufacturer could also be held liable if they do not use warning whistles or horns, use their headlights, or utilize brake systems.
- The local city could be held liable as well due to a failure in the crossing, design, or responsibility for construction causing the accident.
There are many parties that could be identified in these types of accidents, which is why you should work with us in any event to determine liability. Call us today so we can help you with your case.