Around 4 pm on Friday, August 9th, a train collided with a vehicle in Los Lunas, New Mexico. Police are investigating the circumstances surrounding the accident.
The accident occurred near Highway 314 and Main Street, and according to Fire Chief John Gabaldon, there was only one person inside the vehicle, and they have been hospitalized. Their current condition is unknown.
The Rail Runner train was carrying 26 passengers at the time of the crash, only one passenger was assessed for injuries.
Understanding the Causes of Train vs Vehicle Collisions
Collisions between trains and smaller vehicles tend to be very serious and can result in dire injuries, significant damage, and even death. There are several causes of train versus vehicle collisions, including:
- Signal failures – railroad crossings have signals and gates to let drivers know when it is unsafe to cross because a train is approaching. If these signals malfunction and don’t notify drivers it may lead to a potential collision because they did not receive the adequate warning.
- Inattentive driving – engaging in distracted driving behaviors such as using a smartphone, eating, adjusting the radio, and more, can cause drivers to not see warning signals or gates and may result in drivers entering the crossing at an unsafe time.
- Traffic congestion – in instances of heavy traffic, a vehicle may become trapped on the tracks when the crossing gate is lowered. If drivers are unable to move their vehicles in time, it can lead to a collision.
- Poor weather conditions – inclement weather conditions such as fog, rain, or snow can create low visibility conditions that cause the driver’s view to be obscured, making it difficult to see warning signals. Overgrown vegetation near the tracks may also create poor visibility conditions.
- Trespassing – if pedestrians or vehicles cross tracks at unauthorized locations, they increase their risk of collision with trains.
Potential Legal Options for Victims
In the aftermath of a train vs vehicle accident, victims may have to deal with physical injuries, emotional trauma, and financial strain. Taking legal action may be helpful to ease these burdens and seek justice. Possible avenues of legal recourse may include:
- Filing an insurance claim – if the railroad company is found to be responsible, victims may be eligible to file a claim with the railroad’s liability insurance and obtain compensation for damages like injuries, lost wages, and more.
- Negligence claims – if the railroad company, train operations, or other drivers are found to be responsible for the accident, victims can potentially file a claim against them for compensation to cover costs like medical bills, lost income, pain and suffering, and more.
- Product liability claims – if the crossing equipment and signals or the mechanics of the train malfunction, victims may be able to file a product liability claim against the manufacturer of the malfunctioning or faulty equipment.
- Wrongful death claims – if the victim dies due to the injuries sustained in the collision, the decedent’s loved ones may be able to file a wrongful death claim and obtain compensation for funeral expenses, loss of companionship, or loss of financial support.
“We hope that the victim in Friday’s accident is recovering from their injuries,” says Brian Colón, a Singleton Schreiber attorney, “we are confident local authorities will have a full understanding of the circumstances surrounding the accident soon.
“As a personal injury lawyer, it is important that the victim and their family know they may have legal options, and could consider reaching out to a personal injury attorney to learn more about their options.”
If you have been injured in a vehicle vs train accident, contact an Albuquerque injury attorney at the Singleton Schreiber team by calling (505) 605-2076 or by email at info@singletonschreiber.com to learn more.
