Train Accident in Biloxi, MS Injures One
A chain reaction collision among a train, a motorist, and nearby vehicles sent one woman to the hospital with injuries, according to a July 18, 2017 report in Biloxi’s Sun Herald. The train accident occurred when the woman attempted to drive around a police officer who was conducting a traffic stop. Despite the conductor sounding the horn, the woman continued into the intersection of the tracks and the roadway. The train hit her vehicle, causing it to roll over and push into both the Biloxi officer’s Chevy Tahoe and the car he had stopped. The woman was extricated from her car and transported to a local hospital for her injuries.
In some ways, train accidents are similar to other incidents that result in injuries to a victim. However, there are complexities in any type of case and you should only trust an experienced personal injury attorney to protect your rights.
Responsibilities of Railroad Operators
Freight trains and commuter rail lines are considered common carriers. While these operators cannot absolutely guarantee the safety of their passengers, they do have a duty to use the highest degree of care and vigilance to avoid allowing harm to those on board. Companies are required to implement all reasonable measures necessary to meet this standard, and the failure to do so is grounds for a negligence claim.
Types of Railway Accidents
Common types of train accidents include derailments and collisions with other trains or vehicles, especially at railroad crossings. Intersections that are protected by barriers and signals are almost as frequent as those that are unprotected. Causes often incorporate a human element, such as conduct error and – as in the recent Biloxi train accident – mistakes or poor judgment by a non-passenger. Non-human factors include mechanical failure or defects on the railway.
Victims of Train Accidents
Those who may be injured in a train accident include:
- Passengers, who may be projected through the air or struck by objects upon impact;
- Bystanders at crossings, as approximately 25 percent of railroad crossings are unmarked according to federal government officials; and,
- Railroad employees, who may be injured if their employer fails to provide a reasonably safe work environment or conduct necessary inspections.
Limitation on Damages
Under federal law, there is a statutory cap on damages for passenger train accidents; you may be limited to $200 million if you suffer injuries due to a railroad incident. For this reason, it’s critical to retain a lawyer that will ensure you get the full amount to which you’re entitled.
Biloxi Attorneys Fight for Your Rights in a Train Accident
Though train accidents may not be as common as traffic-related collisions, the consequences are still severe when you suffer an injury. Fortunately, Mississippi and federal law allow you to recover compensation for your losses, including medical expenses, lost income, and pain and suffering. When you’re up against a railroad company with a big budget and large legal team, you need the assistance of a knowledgeable, experienced lawyer. The attorneys at the Law Offices of Judy Guice will fight for your rights and help you obtain the compensation you deserve. Please contact our Biloxi law offices today with questions about train accidents, or to schedule a free initial consultation.