Cormany Law PLLC
Free ConsultationHome and hospital visits for injured clients
304-932-0886
LOCAL
888-519-9541
TOLL-FREE

Dangerous derailments: how can I hold responsible parties accountable? P.2

In our previous post, we spoke about a recent accident near Mount Carbon, West Virginia, in which multiple rail cars carrying crude oil derailed and caused a massive explosion. As we noted, accidents like these are becoming increasingly common and are prompting discussion about the need for oil pipelines. Although nobody died in the recent accident, previous accidents has shown that the possibility for injury and death is great when these accidents do occur.

Holding commercial vehicle operators and their employer responsible for their role in causing a serious accident is what personal injury and wrongful death litigation is all about. As in all negligence claims, those involving commercial carriers require evidence supporting each element appropriate to a negligence case: duty; breach; causation and harm. 

With respect to negligence, it is well established that commercial vehicle operators, like all motorists, are always required to exercise reasonable care in the operation of their vehicles. In these cases, plaintiffs and their attorneys often carefully scrutinize the commercial carrier’s compliance with federal safety regulations, since failure to follow these rules not infrequently leads to accidents.

Violations of federal regulations are not the only possible source of negligence, though. Anytime a commercial motorist fails to exercise reasonable care in the operation of a vehicle, there is a possibility of a finding of negligence. Accidents can happen because of intoxication, distracted driving, fatigued driving, reckless driving and other moving violations. Whatever the specifics of the case, it is important to work with an attorney who understands the issues and who is committed to providing zealous advocacy for crash victims. 

No Comments

Leave a comment
Comment Information