Helpful
Suggestions About What To Do If You Are In a Train/Car Accident
Remember the first 5-10 weeks after the
accident are the most critical
Checklist:
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Contact
an attorney that is familiar with railway regulations
and has previous experience dealing in railroad litigation.
When considering hiring a lawyer to represent you...
ask specific questions to evaluate the lawyers experience
with this type of case. Those questions should include:
1) Number of railroad crossing cases they have handled
and the results
2) Ask for references of other railroad crossing crash
victims they have represented
3) What is their firms rating with Hubbell-Martindale Co.
which rates lawyers nationally (AV highest)
4) How will expenses be paid. Most law firms will pay expenses
from your portion of a recovery. If there is no financial
recovery, the firm is responsible for all expenses.
REMEMBER....ANY ATTORNEY WON'T DO!
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Your attorney
should immediately - Gather facts, line up expert witnesses
(accident reconstructionists, auditory, lighting, signals,
track and highway design, human factors, surveys, photography,
etc.), conduct interviews with victims and eyewitnesses,
and meet with investigators. They should immediately
visit the site to get a better understanding of the scene,
in addition to finding out the name of the railroad and
who owns, controls, and has the right-of-way of the tracks,
and also who owns the property abutting the tracks.
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If injured,
you should see a physician or surgeon and tell them exactly
how the injury occurred, and describe all symptoms and
complaints. Be sure to report memory problems, confusion
or disorientation, however minor these symptoms may seem
at the time.
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Keep a diary
of how the injury or death affects your life. Write down
all medical related visits and everything that causes
you physical pain, worry, frustration and grief. Obtain
and keep receipts of all expenses relating to the collision.
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You should
immediately secure the vehicle. It should be stored in
a safe, covered location to prevent tampering and weather
damage.
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You should
immediately take
pictures of the grade crossing to show what
it looked like at the time of the collision being sure
to include sight obstructions (trees, shrubs, buildings,
other parked or stopped trains, etc.), advance warning
devices or lack thereof, or anything else you feel contributed
to the collision. Aerial photographs might be necessary
to provide an overview of the site conditions. Photographs
of all vehicles involved (before repairing) and any visible
injuries (cuts, bruises) to the victim should also be
taken.
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Demand a report
be filed with the police, sheriff or state highway patrol
and request a copy of the report (keep in mind that the
initial investigation may be performed by or in conjunction
with the railroad's internal claims representatives or
investigators since they usually arrive at the scene
before local authorities). News reports of the collision
may also be skewed toward the railroad since the first
contact reporters have is generally with railroad investigators
or claims agents. And it is important to realize, most
state police academies and enforcement agencies throughout
the country have had training courses in the area of
railroad operations and equipment, elements of grade
crossing collisions and investigation techniques after
a collision that were developed by railroad police in
cooperation with America's railroads.
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Don't talk
to anyone about the collision or sign anything without
your attorney present. Don't allow yourself to be forced
into making decisions you might not otherwise choose
because you are grieving or in a state of shock. You
should also consult an attorney before paying a ticket
or appearing in court. Admissions made in traffic court
could hurt you later.
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Most important,
stay close to family and friends who will give you the
guidance and support you need or call someone who has
been through a similar situation for their input.
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Remember·every
ninety minutes someone is involved in a train-on-motor
collision in this country.. you are not alone
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