January 1, 2025
Being struck by a light rail crossing arm can result in serious injuries and raise questions about liability and compensation. If you or someone you know has been injured due to a malfunctioning crossing arm or inadequate safety measures at a light rail crossing, understanding your rights and the claim process is essential. This article outlines the potential for filing a liability claim in such cases.
Light rail operators, such as the Charlotte Area Transit System (CATS), have a legal obligation to ensure the safety of their passengers and the public. This duty includes:
- Maintaining Equipment**: Ensuring that crossing arms, signals, and other safety devices are properly maintained and functioning correctly.
- Implementing Safety Protocols**: Establishing procedures to prevent accidents at crossings, including adequate warning systems for pedestrians and vehicles.
To pursue a liability claim after being struck by a light rail crossing arm, you must demonstrate that negligence occurred. Key elements to consider include:
- Breach of Duty: You must show that CATS or its employees failed to uphold their duty of care. This could involve proving that the crossing arm was malfunctioning, improperly designed, or not adequately maintained.
- Causation: You need to establish a direct link between the breach of duty and your injury. For instance, if the crossing arm failed to lower properly when a train was approaching, leading to your injury, this would support your claim.
- Damages: Document any injuries and losses resulting from the incident, including medical expenses, lost wages, and pain and suffering.
Collecting evidence is crucial for supporting your claim:
- Medical Records: Keep all documentation related to your injuries and treatments received after the incident.
- Incident Reports: Obtain any official reports filed by transit authorities or law enforcement regarding the incident.
- Witness Statements: Gather contact information from witnesses who observed the incident or can attest to the conditions at the crossing.
- Photographic Evidence: Take photos of the scene where the injury occurred, including any visible hazards related to the malfunctioning crossing arm.
Read: Charlotte light rail ticket machine malfunction - refund lawsuit?
Once you have gathered sufficient evidence, you can proceed with filing a claim against CATS:
1. Consult an Attorney: Engaging with a personal injury attorney experienced in transportation law can provide valuable guidance on your rights and options for pursuing compensation.
2. File a Notice of Claim: If your claim involves a government entity like CATS, you may need to file a "Notice of Claim" within a specific timeframe after the incident. This document formally notifies them of your intent to seek damages.
3. Negotiate with Insurers: Your attorney will help negotiate with insurance companies representing CATS to reach a fair settlement for your injuries.
While pursuing a claim against CATS for being struck by a crossing arm is possible, there are challenges to consider:
- Sovereign Immunity: Government entities often enjoy certain protections against lawsuits; however, exceptions exist when negligence can be proven.
- Burden of Proof: The burden lies with you as the claimant to prove negligence and causation, which can be challenging without sufficient evidence.
- Statute of Limitations: Be aware of time limits for filing claims; generally, personal injury claims must be filed within three years from the date of the incident in North Carolina.
If successful in your lawsuit, you may be entitled to various forms of compensation, including:
- Medical Expenses: Coverage for all medical costs related to your injuries.
- Lost Wages: Compensation for income lost due to your inability to work during recovery.
- Pain and Suffering: Non-economic damages reflecting physical pain and emotional distress caused by your injuries.
Being struck by a light rail crossing arm can lead to serious injuries and significant disruption in your life. Understanding how to pursue a liability claim involves establishing negligence, gathering evidence, and navigating legal processes effectively. Consulting with an experienced personal injury attorney can significantly enhance your chances of receiving fair compensation for your injuries and losses. Taking prompt action will help ensure that your rights are protected as you seek justice following an accident involving light rail equipment.
Read: Mugged near light rail station - suing for inadequate security?
