Maryland Accident Law Blog
Mass transit can provide a net benefit to the commuting public as well as the municipalities which support these transportation systems. The economic and health benefits to local communities are well documented, and the use of city buses and light rail lines both contribute significantly to an overall reduction in travel hours logged by commuters. An important benefit is a large reduction in roadway congestion, which ultimately translates into fewer traffic accidents, injuries and deaths.
The trend over the past couple of decades, has seen a large increase in the mass transit ridership among 16- to 34-year-olds. In fact, most students and younger workers actually prefer walkable communities over sprawling metropolitan regions; they are seeking to live within walking distance of retail shops, restaurants, grocery stores and the like versus needing to drive longer distances like their parents have in the past. On the whole, mass transit provides a safe, convenient and economical alternative to traveling by car; but as with many things in life, there are risks associated with public transport.
The freedom and mobility provided by public transit is compelling; however, if something goes wrong, many more people can be affected. Equipment trouble, power failures and weather emergencies can put a damper on the convenience of subway or light-rail travel. Sometimes, the unanticipated action of a single individual can upset the lives and livelihoods of dozens or hundreds of people. Train-related accidents can also result in serious injury or death, as well.
Not long ago, two individuals riding on a small all-terrain vehicle were struck and killed by an Amtrak train in Baltimore County. According to police reports, the fatal accident took place in Rosedale, MD, on a Sunday evening along the Amtrak-owned and operated rail line between the Aberdeen and Baltimore train stations — the two ATV riders died at the scene of the crash. At the time of the collision, Amtrak Train 149 was carrying more than 500 passengers on the way from New York City to Roanoke, VA, none of whom were injured as a result of the crash.
Reports indicate that the ATV was on the tracks as the train approached and subsequently hit the victims. Amtrak authorities and local police did not initially know why the two men were on the tracks, or if they were aware that they were trespassing onto the railroad’s right of way. Statistically speaking, instances of railroad trespassing are the second most common cause of railroad-related fatalities in the U.S.
In this case, the two deceased men were struck on the Number 3 track at railroad Milepost 87, which is just over 300 feet from the grade crossing at Rossville Boulevard. At the time of the news report, investigators were still trying to determine how the ATV found its way onto the tracks, since the majority of the railroad’s right of way in Baltimore County is fenced off or otherwise inaccessible due to the track’s elevation.
Filing an Injury Claim after a Train Collision
Aside from commercial plane accidents, light rail and subway train accidents are some of the most dangerous kinds of transportation crashes that an individual can experience. The mass of a commuter train combined with potential hazardous substances means it is very easy for a derailment to cause injury or death to passengers, crew and bystanders alike. Derailments can happen quickly and without much warning, leading to a large number of potential fatalities.
For a person who is standing on the tracks or stuck in a passenger vehicle or commercial truck in a railroad crossing, the odds of being killed or injured are quite high. The sheer mass of a moving train can make stopping for an obstruction on the tracks nearly impossible, which is why railroad crossings are so dangerous for motor vehicle traffic that may be stalled on the tracks.
The causes of train-related accidents vary by the particular situation. Simple human error, engineer fatigue, conductor distraction, debris or tools accidentally left on the tracks, a washed-out roadbed, faulty warning equipment and other mechanical failures (both on the train itself or part of the railroad control system) are all examples of problems that can result in a bad train accident.
The above-mentioned news article points up one of the more deadly kinds of train accidents when it comes to motorists and pedestrians traveling across or near a railroad right of way. Being so far from the grade crossing, the two deceased individuals probably did not hear the audible warning signal, much less see the warning lights. The news report did not mention if the train operator sounded his horn, but one thing is almost certain: by the time the engineer may have seen the ATV on the tracks, the chances of stopping the train in time was slim to none.
If you or a loved one has been injured in a train derailment or crossing grade accident in Prince George’s County, City of Baltimore, Montgomery County or elsewhere across the state of Maryland, contacting a personal injury expert is highly recommended. As Maryland mass transit accident attorneys, Lebowitz & Mzhen, LLC, can help train crash victims file their injury claim correctly, as well as guiding plaintiffs through the legal process, which includes fighting for the victim’s right to just compensation in a court of law.
It’s never a good idea to go it alone in train accident cases. Railroads and mass transit corporations often have substantial legal departments employing large groups of attorneys to protect their interests; victims of rail transportation accidents need a skilled personal injury expert with strong litigation experience. A negligent railroad has a great incentive to minimize the amount of damages they might pay out to victims of a train accident, whose medical bills, rehab costs and possible lost wages can add up quickly.
Even in cases of wrongful death, it is important to speak with an attorney before accepting any kind of settlement with a rail company. Until a victim or his family can meet with a Maryland wrongful death specialist, it is important not to offer any statements to officials or legal representatives of that company; including insurance adjusters and other involved parties. It is too easy for these parties to use statements or acknowledgements by the victim or his family against them later in court.
Helping Maryland Families Attain the Justice They Seek
The loss of a close family member to a train wreck can be incredibly devastating. There is no reason that anyone should face the full force of a corporation’s lawyers while at the same time grieving the loss of a loved one. While no amount of money can possibly compensate a family for the loss of a husband, wife or child, it can help the survivors cover the victim’s medical costs prior to death, as well as any funeral expenses.
At Lebowitz & Mzhen, LLC, our skilled attorneys have guided many families in the Washington, D.C., area and across the state of Maryland through what is often a circuitous legal process in the pursuit of damages following a fatal car, truck or railway accident. We are available and ready to assist you and your family recover the compensation to which you are legally due. Contact us for a free, no obligation initial consultation, and allow us to explain your rights under Maryland law. Call the offices of Lebowitz & Mzhen, LLC, at (410) 654-3600 or toll free at (800) 654-1949. You may also contact us online to begin the process of recovering damages from a negligent individual or corporation.