Do I have an accident case against the train company?
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I was hit my a train while in my vehicle. I saw railroad tracks but there was no indication of a train coming. There were no warning lights, a gate, or a stop sign. Luckily, the train only hit the back end of my car and I only suffered a minor injury to my neck. Do I have a case against the train company?

Answers
To prove that the train company was negligent, there are several types of evidence that may be obtained. Most trains have a black box which record activity such as the speed of the train and if a horn was used during the time of impact to your car. There are also recordings of the communications between the train conductor, crew, and dispatchers. In some trains, there are cameras which may show your accident. Typically, every state has "right of way" laws which must be obeyed by train operators. Any violation of these laws would also serve as strong evidence for your case.
Moving forward, it would be best to consult with a Personal Injury Lawyer to determine the best course of action for your case.
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Posted by Frank Rivero on 22 Jul 2010
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