As you ride along on your motorcycle in a more rural area, you might come across railroad tracks. Usually, these rural tracks only see trains roll by a couple of times a day, but if you are out joyriding close to these times, you may have to stop and wait for the train to go through. In the event that there is a lot of snow and ice on the tracks because a train has not been through for several hours, you need to be extra careful crossing these tracks. If your motorcycle slides out from under you onto the railroad tracks and a train is coming, you could suffer some very serious injuries. If this has already happened to you, you may want to know who is responsible and who you should sue.
First, Establish Who Is Responsible for Keeping the Tracks Clear
Trains have almost as many problems as cars and motorcycles when it comes to snow and ice on the tracks. To keep the locomotives and the string of cars behind them safe, special railroad crews drive railroad plows and de-icing machines on the tracks. If the person responsible for keeping the tracks clear failed to do his or her job and that is why your accident occurred, this may be the correct party to sue. Before you file, however, check with your personal injury attorney to see if the engineer and/or the railroad to which the train belonged is also liable for your injuries.
Next, Find out Who the Train Engineer Is and What Railroad He or She Works For
Train engineers can see cars, motorcycles and people on the tracks at least several feet away. As the engineer was coming up on you and your motorcycle, did he or she blast a warning horn? Did the engineer even try to break? If the answer is no to either of these, you may be able to include the engineer in your accident case. If the engineer did pull the horn and/or tried to brake, he or she may be exempt from your lawsuit. The railroad the engineer works for may not be so fortunate, because the railroad may play a part in keeping the tracks clear and safe for motorists, and may have to pay for the loss of your motorcycle and your injuries.
Finally, Decide Who Should Be Named in Your Lawsuit
Once you have figured out who is responsible for the condition of the railroad tracks that caused your bike to spin out from underneath you, and who is responsible for the destruction of your bike and your injuries, you can have your lawyer file the correct paperwork. The judge may decide that the railroad needs to take better care of rural tracks and/or pay closer attention to the workers who were supposed to keep the tracks clear. Even if you do not receive much in the way of compensation, the railroad may receive some very stiff legal fines.
Check out sites like http://www.danielgoodmanlaw.com for more information.