Giroux Trial Attorneys, P.C.

Railroad Accident

Heavy machinery moving at high speeds can easily spell disaster for railway workers and bystanders alike. When someone else’s carelessness results in a tragic accident, the personal injury attorneys at Giroux Trial Attorneys, Southfield know what it takes to protect your rights.

The most common railroad accidents include things like:

  • Crashes between railway vehicles
  • Falling from a platform or rail car
  • Railway vehicles crashing into cars, trucks, or motorcycles
  • Pedestrians or pedestrian workers struck by a railway vehicle

In some cases, an accident is just that. But sometimes, a railroad accident is the result of someone else’s negligence. And in those cases, you are entitled to compensation for the harm done to you.

Injuries due to any of the following can be grounds for a premises liability lawsuit against a railroad company:

  • Snow or ice on the platform
  • Missing warning signs
  • Poor security
  • Turnstile malfunctions
  • Falls on the tracks
  • Train doors closing on limbs or clothing
  • Inadequate lighting
  • Conductor negligence
  • Faulty equipment
  • Train derailment

Did you or a loved one suffer any of the following injuries due to someone else’s negligence?

If you or a loved one are suffering the results of an avoidable accident, the personal injury attorneys at Giroux Trial Attorneys can help. Whether you’re a railroad worker or just someone who was trying to commute to work, we take the time to learn every detail of your case so we can help you make educated decisions.

Q: What are my civil rights?

Generally speaking, your civil rights are those enumerated under the US Constitution and legislative acts. Civil rights are typically those considered to be related to an individual’s political and social freedom and equality.  These rights range from your right to free speech to your right to an attorney.

Q: What rights do I have if I’ve been arrested?

The most important rights to consider if you’ve been arrested or picked up by police are the right to an attorney, the right to avoid self-incrimination, and the right not to be unlawfully detained. You can always refuse to answer questions and request an attorney. If you have not been formally placed under arrest, you have the right to leave police custody. If you’ve been placed under arrest, the police have a certain amount of time they can hold you without formally filing charges. Even after you have been formally charged, you have the right to request a non-punitive bail, which can be granted or denied at the judge’s discretion.

Q: What is the statute of limitations for a civil rights claim?

Depending on the claims alleged, civil rights violations have varying statutes of limitations under state law. Federal courts typically apply the laws of the forum state in assessing the applicable statute of limitations. If you believe your rights have been violated, you should speak to a lawyer immediately.

Q: What are common types of civil rights claims?

Technically, a civil rights claim can be any act that in some way has infringed upon an individual’s autonomy.  The most common types of civil rights claims involve abuse by government actors, such as police brutality or misconduct, or agencies, wrongful termination, and employment discrimination.

Q: I believe my rights have been violated by the government or one of its officers. Do I have a claim?

Government actors and officers are protected by governmental and qualified immunity that bars claims. However, if it can be proven that the government or its officer acted with gross indifference or acted in a way that serves as an exception to their governmental immunity, you can pursue a claim.

Q: What is a 1983 complaint?

The most common type of civil rights claim is a federal 1983 claim. 1983 claims are those raised under 42 USC 1983, which governs the actions of governmental agents, like police officers. 1983 claims are often asserted when an individual has been assaulted by a police officer, a government funded institution commits a tort, or an individual suffers an injury or death while incarcerated.

Q: Can I file a civil rights claim on behalf of a family member or friend?

You can only file a civil rights claim on behalf of someone other than yourself if one of the following exceptions applies: wrongful death cases, an incapacitated plaintiff, a minor plaintiff, or a class action case.

Q: What is the difference between a civil and a criminal violation of civil rights?

A criminal civil rights violation involves the use or threat of force. A civil violation of civil rights involves no violence, only discriminatory behavior. Criminal violations carry incarceration penalties, while civil violations carry monetary penalties.

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