June 6, 2013

Baltimore Sun Reader Suggests Penalties for Negligent Drivers at Railroad Crossings

by Lebowitz & Mzhen

Following last week's train derailment and the resulting damage that it caused, the safety of trains and railroad crossings has been on the nation's mind, but especially for those living within Maryland. letter.jpg

One such response followed when a woman from Abingdon wrote in to the Baltimore Sun to express her opinion regarding safety concerns at railroad crossings. The woman stated that she was writing in response to an article published on June 5, entitled "High risks at railroad crossings".

In her letter, the woman laments that she feels as though the article was placing the blame for these sorts of accidents primarily on either the railroad, or state governmental authorities. In her view, the blame is more properly placed upon individuals driving negligently.

Specifically, she suggests Maryland adopting a law that would require drivers to stop and look before crossing railroad tracks. In order to enforce this, she further suggests video cameras at un-gated crossings, with accompanying steep fines for drivers who fail to observe the requirements.

What this suggestion touches upon is the fact that, in many cases, car accidents are the result of at least one individual driving negligently. Common examples of negligence include failure to observe relevant traffic laws, such as ignoring right of way, or failure to yield, running stop signs or stoplights, speeding excessively, and even distracted driving.

Success in any accident case resting upon the legal doctrine of negligence requires that the plaintiff (i.e., the person bringing the lawsuit) proves that the perpetrator acted in a manner which was not in accordance with how a reasonably prudent person would have acted in the same or a similar situation, and that this failure caused the plaintiff's injuries. This is somewhat like a common sense standard, but with more stringent legal requirements.

A successful negligence claim can potentially entitle you to receive compensation for the damages you have suffered. This includes things like pain and suffering, medical bills and other expenses, such as for physical therapy or long term care facility expenses. It can also include things like lost wages and, in tragic cases, things like loss of companionship, wrongful death, and funeral expenses. An experienced car accident attorney can best assess the potential strength of your case, and advise you regarding the potential damages you might be able to recover.

If you or a loved one has been injured as a result of somene else's negligence in Maryland or Washington D.C., consult the experienced personal injury attorneys at Lebowitz & Mzhen, LLC, a full service personal injury law firm. Our Maryland accident attorneys have extensive experience in helping victims of negligent driving recover the damages they are entitled to. We have helped many clients who have suffered the interruption of their lives due to physical and emotional injuries, the imposition of hospital and medical bills, and financial losses, including lost wages and property damage. Contact us today in order to schedule your free initial consultation. You can reach us through our website, or by calling 1-800-654-1949.

More Blog Posts:

Commonwealth Court Panel Rules Maryland Couple Cannot Sue PennDOT, Maryland Accident Law Blog, published May 27, 2013

Maryland Man's Estate Recovers $3 Million for his Wrongful Death by Electrocution, Maryland Accident Law Blog, published May 20, 2013