A train collided with a car this Monday morning around 10:30. The accident took place as the train passed through Bradley Beach at the intersection of Memorial Drive and Evergreen Avenue. The woman driving the car was taken to the hospital after complaining of chest pain. Trains running on NJ Transit’s North Jersey Coast Line were suspended until further notice, with all rail tickets and passes being accepted as bus fare in the meantime.
In this type of situation, determining the cause of the accident would be the crux of any potential personal injury claims. There are very few details at the moment, but our Monmouth County Attorneys will run through a few possibilities and how they may impact future legal action.
Monmouth County Train Accident Attorneys Discuss the Facts of the Train Accident
Regarding the collision between the train and the motor vehicle, we currently know the following:
- The car and the train collided at a designated railway crossing
- The car was badly damaged and is likely totaled
- The woman driving the vehicle was taken to the hospital with potential injuries
We do not know the following:
- Did the train strike the car or did the car strike the train?
- Was the car moving at time it was impacted?
- Did the train operator see the vehicle and attempt to brake?
- Was the railway crossing functioning properly at the time?
- Was the car driver adhering to posted traffic signs?
- Was the train operator acting lawfully and within his or her duties?
- Where there any mechanical breakdowns of either the car or train?
Red Bank Train Accident Injury Attorneys Find Fault
This is pure speculation, but let us go through a few scenarios in which the driver of the car may be able to file a personal injury claim. At this point, we do not know if she will have a case, but for the sake of conversation here are some examples.
Scenario 1: The driver was legally driving over the railway crossing as and was struck by the train while doing so. The train operator was also behaving legally and attentively and simply could not stop in time. The accident was due to a malfunctioning sign at the railway crossing. In this scenario, the driver may have a premises liability claim against the landowner or entity responsible for maintenance of that railway intersection.
Scenario 2: The driver’s car broke down in the middle of the railway crossing through no fault of her own. The operator of the train was not actively watching the tracks in front of the train, and failed to take the necessary actions to stop the accident. The driver may have two possibilities here: pursue a suit against the train company for operator error or go after the car manufacturer for a defective products liability claim.
Scenario 3: If the train was speeding, if the brakes were malfunctioning, or if any other errors were made creating an unnecessarily dangerous situation, the driver may find the train company at fault for her injuries.
At the end of the day, individuals injured in accidents caused by trains, cars, or other vehicles may be able to successfully file personal injury claims if their injuries were the result of the negligent or reckless actions of another party.
Contact our West Long Branch Train and Motor Vehicle Injury Lawyers
At The Law Office of Chamlin, Rosen, Uliano & Witherington, our personal injury lawyers have earned the respect of our local New Jersey community by securing several precedent setting and landmark decisions. We take pride in using that experience to help our clients secure fair and full compensation for their injuries across New Jersey towns including Red Bank, Freehold, Asbury Park, Middletown, Howell, West Long Branch and the greater Monmouth County region.