One of the last things that any Missouri or Illinois resident traveling on the road expects to experience is a fatal train accidents. The unfortunate truth, however, is that train accidents can and do happen to Americans more than some might expect. These collisions can be especially catastrophic because of a train’s sheer size and speed. Railroad accidents can pose a challenge to innocent victims as far as seeking personal injury or wrongful death restitution in a civil court of law goes because of the advantage that railroad companies have in obtaining crucial evidence early on in a crash investigation.
Victims do not need to lose heart, however, because an experienced St. Louis personal injury attorney will likely be able to guide them through the process to give their case the best chance possible. One of the first steps that such lawyers can take is to file for a protective order against the railroad company. This will prevent a railroad from destroying crucial evidence, whether through conscious intent to boost their defense against personal injury claims or some sort of inadvertent cleanup effort in the wake of a crash.
Actions to preserve evidence from fatal train accidents
A protective order can require the railroad to preserve key items that should include (but not necessarily be limited to) any sort of event data recorder (like a locomotive black box), any camera footage taken onboard the train, any maintenance records for the train, dispatch tapes that may have been taken, cell phone records for any and all crew members, crossing protection device maintenance records, photographs, statements (whether verbal or written), documentation of any prior complaints regarding the crossing where the fatal train accident occurred, and any records indicating communications which took place between any dispatchers and the conductor or crew.
Personal injury attorneys who are experienced in pursuing railroad accident litigation can also hire vital experts and consultants who can help obtain evidence and build a case against the railroad. Railway grade-crossing collision litigation can be complex and multi-faceted. Experts who are familiar with conducting accident reconstructions specific to railway crashes can be invaluable. They can help make sure to pick up on key pieces of evidence that may be unique to train accidents rather than other types of motor vehicle collisions.
Inspecting the physical scene where the grade crossing accident occurred is another vital link in the chain. In preparing for this type of litigation, investigators need to focus on how both a vehicle and the locomotive would have seen the crossing upon approaching the location. This can help target in on items like potential sight obstructions, blind spots, and motorist visibility, not to mention reaction and braking times that might have played a role in the collision.
As already mentioned, obtaining access to any locomotive event records and onboard camera footage is also extremely important when investigating a train accident. Federal law requires that any train traveling faster than 30 mph must possess a locomotive event recorder. Similar to an airplane’s black box, these devices allow investigators to retrieve and analyze any data which was recorded just prior to an accident. However, it is possible for data to be altered, so it is vital that a plaintiff obtains access to the original event recorder’s hard drive and obtain an independent analysis of the data it contains.
Similarly, a great number of locomotives traveling in Missouri, Illinois, and the rest of the country possess on-board cameras. These can record both the track as well as inside the train. This could be crucial when it comes to ascertaining what steps, if any, a crew may have taken to avoid an accident as well as what may have been going on outside the train. Obtaining footage from these on-board cameras early in the investigation can be extremely helpful, if not imperative.
Victims of accidents can act to strengthen their cases
Those who have lost loved ones in fatal train accidents may wish to call my St. Louis personal injury law firm, free of charge, at 888-586-7041. I have been practicing trial law for more than two decades and am experienced in preserving the type of evidence that can be critical in a personal injury or wrongful death lawsuit. Furthermore, my law firm only collects fees in the event that we are successful in gaining some sort of monetary compensation for you. Please contact us today to arrange a free consultation in order to discuss what steps you may wish to take to help strengthen your case.
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