According to a recent ABC 6 news report, a SEPTA train smashed into a car in Delaware County, PA on Sunday, June 21. The SEPTA train accident occurred around 2:40 pm at the 100 block o East Brookhaven Road. The train struck a car which was operated by a 90-year old man. The 90 year old driver had to be pulled from the wrecked vehicle and was transported by EMS to Crozer-Chester Medical Center in serious condition. The train was carrying 20- passengers at the time of impact. Fortunately, only one passenger reported minor injuries following the violent collision. The remaining passengers were offered bus rides to their final destinations.
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SEPTA train accident is currently under investigation and police have not yet determined why the car was on the train tracks. SEPTA service near the Wallingford Station was briefly disrupted but service has since been restored.
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Each year, hundreds of people die in fatal railroad crashes and train accidents injure thousands of others. In some instances, negligent drivers or pedestrians are at fault. However, in many cases, the accident is due to negligence on the railroad operator.
Causes of Train Accidents
Railroads must conduct operations in a safe and reasonable manner for the benefit of passengers, motorists and pedestrians. This includes following regulations which require gates, lights and other reasonable warnings. Railroad companies are also responsible for their pedestrian crossings, steps, platforms, bridges and stations. Employees who are injured while working for the railroad may bring a claim under the Federal Employers Liability Act (FELA).
Some known causes of railraod accidents include:
- Track, Roadbed, and Structure
- Faulty roadbed and track geometry
- Faulty Rail Joint Bar and Rail Anchoring Frog
- Faulty other way and structure
- Signal and Communication
- Train Operation – Human Factor
- Improper use of breaks
- Physical condition or emergency of train operator
- Errors in flagging, hand and radio signals fixed signal
- Impropert operation of general switching rules
- Track authority errors
- Improper train handling or train make-up
- Speeding
- Mechanical and Electrical Failures
- Failure of the breaks, wheels, doors, coupler and draft system and other track components
- General Mechanical Electrical Failure
In addition, train accidents may be caused by other miscelleneous factors such as environment conditions, speeding, loading procedures and highway-rail grade crossing accidents.
Damages are Limited by Statute in SEPTA train Accidents
In all SEPTA accidents, be it a bus, train, subway, rail and trolley cases, there are limits to the amount of compensation available to victims. SEPTA is a commonwealth agency protected by the Sovereign Immunity Act. As a result, the amount of damages that can be awarded to SEPTA accident victims are limited to $250,000 per person and $1 million total per accident. These limits apply regardless of the number of accident victims or severeity of their injuries.
SEPTA Accident Lawyer Brent Wieand
Train accident lawsuits often involve a miriad of complex factors and can be complicated to litigate. There can be several contributing causes to the accident, multiple defendants and involve several insurance companies notorious for protecting their own financial interests at all costs. If you are injured or a loved one is killed in a train accident, its important retain an experienced SEPTA accident injury lawyer to fight for your rights following an accident. SEPTA accident lawyer in Philadelphia, PA Brent Wieand is here to help you in your time of need. For a free legal consulation call him today at 1(888) 789-3161.
*Disclaimer: This article does not constitute legal advice and you should always consult with an attorney if you have questions about a personal injury matter. Brent Wieand is a trial lawyer and SEPTA accident lawyer in Philadelphia and proudly represents clients throughout Pennsylvania and New Jersey.
