In April 2024, police in Pecos responded to a call about an Amtrak train that had struck a pickup truck near the intersection of Wild Flower Lane and Cactus Drive. The driver of the pickup truck was the only occupant of the vehicle, and she was hospitalized with severe injuries. News reports did not release her name or give any updates about her condition. None of the occupants of the train were injured. Incidents where a train strikes a motor vehicle are rare, and they are often fatal. Certain areas of railroad track are notorious for their danger, as several incidents have occurred at or near the same location; the intersection of Wild Flower Lane and Cactus Drive is one such location. Sometimes, local authorities take the initiative to rebuild the infrastructure so that cars and trains cannot get near each other, but in other cases, this only happens after multiple accidents and lawsuits. If you got injured on or near a railroad track, contact a Santa Fe motor vehicle accident lawyer.
The Rights of People Injured in Passenger Train Accidents
Any person who gets injured as a result of someone else’s negligence, in other words, someone else’s failure to prevent a preventable injury, has the right to file a personal injury lawsuit. Causing an accident that results in property damages, injury, or death is a tort, which is a wrongdoing for which one can be held legally responsible; law professors sometimes describe torts as the civil law equivalent of crimes. In some cases, a tort can also be a crime. If someone drives drunk and causes a fatal accident, he or she can face criminal charges for drunk driving and vehicular homicide, and can also face a civil lawsuit from the victim’s family.
The plaintiff in a personal injury lawsuit must prove that the defendant caused the accident or failed to prevent it, and that the defendant could have prevented the accident by using reasonable caution. The plaintiff must also prove that the accident was the direct cause of the plaintiff’s injuries and that the injuries caused the financial losses for which the plaintiff is seeking compensation. The requested compensation can include medical expenses, lost income, and in the case of fatality accidents, funeral expenses and loss of companionship.
In accidents where trains strike cars or pedestrians, it is usually not the case that the train operator was operating the train in an unsafe manner. In some cases, the driver of the car drove onto the tracks when it was not safe to do so; if that happens, other occupants of the car can sue the driver. More often, though, it is the city or county responsible for the railroad crossing that is responsible, making it a premises liability claim.
Contact Slate Stern About Personal Injury Lawsuits
Slate Stern is a personal injury lawyer who represents plaintiffs injured as a result of accidents at railroad crossings. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
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