When you are faced with legal issues arising out of a mass transit accident, such as a train collision, an attorney who has regularly advised and represented clients in such matters can help you achieve a timely resolution. To learn more about our legal services, contact the firm to schedule a consultation and case evaluation with an experienced attorney.
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Mass Transit Accidents
Mass transit accidents can vary widely in cause and severity. Mass transit includes transportation such as light rail, buses, subways, commuter trains and railroads. Many legal claims arising out of mass transit accidents are negligence claims by individuals injured in an accident. Product liability claims alleging that defective equipment or parts caused injuries are also common. If you or a loved one was injured in a mass transit accident and you have questions about your legal options, talk to an attorney at Clancy Law in Saint Charles, IL.
Causes of Mass Transit Accidents
There are a number of different causes of mass transit accidents and people can be injured in various ways. The following is a list of the more common types of mass transit accidents:
- Slip and fall on trains or platforms
- Sudden breaking and stopping or excessive speed
- Doors closing on people
- Leaving a stop too soon
- Assaults/negligent security on platforms or in terminals
- Wrongful death due to being hit or run over
- Train derailment and track defects
- Commuter train collisions with other trains, cars or pedestrians
- Negligent operation, including driver fatigue or inexperience
- Improper maintenance of stations, floors, stairs, seats, windows or doors
- Defective equipment
- Mechanical failures
Legal Claims
As with aviation accidents, many legal claims for personal injuries suffered in mass transit accidents are based on negligence. In order to establish a case for negligence, the plaintiff must prove that the defendant owed him or her a duty; the defendant breached that duty; that breach was the proximate cause of the plaintiff's injuries; and damages.
Under a product liability theory, a plaintiff who was injured because of defects in or the design of a bus, train or subway car, or a component part can hold manufacturers or sellers of these products liable for his or her injuries. To prevail, the plaintiff must show that the bus, train or part was actually defective, improperly designed or that the manufacturer was otherwise at fault; that the defendant actually manufactured, sold or installed the part, bus or train; and that the defendant's act or omission proximately caused the plaintiff's injury.
Potential Defendants
There may be several individuals and/or entities that a plaintiff in a mass transit accident case will want to include as defendants. In addition to the driver or operator of the bus, train or subway, the plaintiff may be able to sue the owner of the mass transit line. Many mass transit systems are owned or run by private companies, public entities or municipalities. Furthermore, if a defective product caused the plaintiff's injury, the plaintiff may be able to sue the manufacturer or seller of that product.
Talk to a Lawyer
If you were injured in a mass transit accident involving a bus, train or subway, you may have many questions about your legal options and how to proceed. An experienced attorney at Clancy Law in Saint Charles, IL can evaluate your situation and advise you of your options.
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