Personal Injury Primer

Can I Sue if Injured in a Train Derailment https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-355-Can-I-Sue-if-Injured-in-a-Train-Derailment.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller concerned about whether he can sue for an injury he suffered when the Amtrak train he was a passenger on derailed. A railway company has a duty to ensure passenger safety as the train operator. If operator negligence or a breach of safety standards contributed to the derailment, the company may be held liable for injuries sustained. When the train is an Amtrak train, a Federal Tort Claim Act (FTCA) notice must be filed on time since Amtrak is operated under the guidance of the U.S. Secretary of Transportation. A timely notice of a claim is a pre-suit requirement for filing a suit. The United States government created Amtrak, which receives significant taxpayer funding. Because it is taxpayer-funded, congress has also granted Amtrak a liability damage cap protection. So yes, the caller may sue if injured or if a family member was injured or killed due to an Amtrak train derailing. If an Amtrak train derails, there may also be other potential wrongdoers to sue besides Amtrak. Frequently, though Amtrak is the name on the train that derailed, other rail companies may own or maintain the tracks that Amtrak trains run on (companies owning tracks include BNSF, CSX, and Union Pacific). If poor track maintenance contributed to a derailment, the rail owner or maintenance provider may also need to be sued. Another issue may impact a lawsuit against Amtrak. Often, Amtrak ticket agreements contain a “forced arbitration clause.” This means that when a passenger buys a ticket, they agree that they will not sue in court and that their claim will be handled by an arbitrator that Amtrak chooses. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 355 Can I Sue if Injured in a Train Derailment first appeared on Personal Injury Primer.

Car Train Crash Case Trial https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-354-Car-Train-Crash-Case-Trial.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller with questions regarding a car-train crash that took the life of the caller’s relative. Car-train crashes can result in severe injuries and fatalities. In a car-train crash, liability will often be hotly contested by the railroad company. At properly maintained grade crossings, the railroad will contend that its locomotive had the right of way and that the car or truck struck at the crossing failed to yield when it attempted to cross the tracks. Train litigation will require lawyers to be familiar with the Federal Railroad Administration (FRA) guidelines. The National Transportation Safety Board (NTSB) will investigate many such crashes. However, in most cases, private accident reconstruction experts will need to be retained to analyze a crash. Here is a list of the type of conduct important to determining railroad operator negligence: Failing to properly sound the train horn/whistle to warn motorists approaching the crossing. Traveling at an excessive speed unreasonable for conditions and in excess of the speed limit pertaining to the class of tracks. Failing to install or maintain grade crossing warning devices to warn motorists approaching the railroad tracks. Failing to remove foliage obstructing a motorist’s view of a train as the motorist approaches a crossing. Failing to keep and maintain a proper lookout from the locomotive for approaching vehicles. Failing to provide crossing protection sufficient to warn motorists of an approaching train. Violating Indiana law requires each railroad to maintain each public crossing under its control so that the motor vehicle operator will have an unobstructed view of fifteen hundred (1500) feet in both directions along the railroad right-of-way. Violating Indiana law requiring all railroad operators to destroy all vegetation and noxious weeds growing on lands occupied by them that might interfere with a view down the tracks. There are close to ¼ million grade crossing in the USA.  Many drivers each day encounter railway crossings. If you or a loved one is injured in a collision with a train, seek the advice of knowledgeable legal counsel as soon as possible. Most cases of this type will require a trial. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 354 Car Train Crash Case Trial first appeared on Personal Injury Primer.

Dealer Liability for Crash During a Test Drive https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-353-Dealer-Liability-for-Crash-During-a-Test-Drive.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Today’s question comes from a caller who was hit by a car being test-driven by a man considering purchasing it. A dealership salesman was in the car with the man. The caller wanted to know if the dealer or insurance carrier could be liable for the crash. These situations are relatively rare, but they do happen. Many dealerships try to limit liability by having test drivers sign liability waivers before getting behind the wheel. Such waivers aim to transfer any liability that would otherwise rest on the dealership to the test driver. Dealership liability will focus on whether the dealer failed to use proper care to prevent a foreseeable crash. Consider these factors: Did the dealer inspect the vehicle before allowing a test drive? Did the dealer check to see if the driver had a valid license? Did the dealer provide supervision during the test drive? Did the dealer confirm that the test driver had valid insurance before giving them the keys to the vehicle? When a dealership is under a duty during a test drive, fails to use proper care, and breaches that duty and a crash occurs, the dealer may be liable for damage. Where a test driver is responsible for the crash, their own car insurance policy typically provides primary coverage, similar to an accident involving a rental car. In cases where a dealer is deemed liable, their insurance company may find itself having to cover the damage. In the caller’s case, the test driver was speeding. The salesman (an agent acting on behalf of the dealer) encouraged the man to speed and even timed the car’s 0 to 60 mph speed during the test drive. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 353 Dealer Liability for Crash During a Test Drive first appeared on Personal Injury Primer.

Investigating a Truck Car Accident https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-352-Investigating-a-Truck-Car-Accident.mp3 I’m David Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. When a truck-car accident occurs, a thorough investigation is crucial to determine what happened and the parties responsible for the crash. Hiring an experienced attorney to handle such cases is critical in such a situation. Having an attorney to manage Evidence Collection is critical. Police officers collect and document physical evidence in every crash, but more needs to be done when a truck-car crash results in serious injury. Photographing damage to vehicles and the crash scene is essential. Photos of skid marks and scene debris can help reconstruct what happened. Photos showing weather and road conditions can also help. Hiring an accident reconstructionist to come to the scene can be critical to establish precisely what happened from the physical and scene evidence. It is likewise important to inspect the truck and trailer. Did equipment fail or malfunction? Did the brake system work as designed? Was the cargo adequately secured? Did the driver and carrier comply with regulations? For example, the Federal Motor Carrier Safety Administration (FMCSA) requires the short-term keeping of driver logs and hours of service records, driver qualification records, vehicle maintenance records, cargo manifests, and shipping documents. Such documents can be destroyed, however, if copies are not promptly requested. In sum, having an attorney working on your behalf soon after a car-truck crash can mean the difference between success at trial or failure. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 352 Investigating a Truck Car Accident first appeared on Personal Injury Primer.

Injured as a Result of a High-Speed Police Chase https://personalinjuryprimer.com/wp-content/uploads/2024/10/Ep-351-Injured-as-a-Result-of-a-High-Speed-Police-Chase.mp3 I’m Katelyn Holub, an attorney focusing on personal injury law in northwest Indiana. Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics. Innocent motorists are often injured during high-speed police chases. Sometimes, there are valid reasons for a chase, such as pursuing a bank robber. But all too frequently, police departments without proper training and supervision will initiate a high-speed chase where a motorist is simply observed making a turn without issuing a proper signal. Innocent bystander injuries are at risk of occurring whenever there is a high-speed police chase. High-speed police chases can be prevented or avoided in most situations. Many police departments have implemented restrictive pursuit policies to reduce the number of high-speed chases. These policies prioritize officer and public safety and may involve de-escalation techniques or emphasize alternative methods of apprehending suspects. De-escalation techniques seek to calm a situation and find alternative methods to apprehend suspects rather than engage in a high-speed chase. Here are examples of alternative methods to apprehend suspects while prioritizing officer safety and public safety: GPS Tracking: police track fleeing vehicles without a pursuit. Surveillance and Traffic Cameras: Surveillance and traffic cameras provide law enforcement valuable information to identify and apprehend suspects. Roadblocks: Setting up roadblocks can effectively intercept and apprehend suspects without putting officers or the public at risk. Helicopters and Aircraft: Utilizing aircraft can be safer and more effective for tracking and apprehending suspects. These methods demonstrate effective and safe alternatives to the high-speed chase. I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”The post Ep 351 Injured as a Result of a High-Speed Police Chase first appeared on Personal Injury Primer.