Train and railroad accidents can be devastating, but fortunately, you can work with legal help to obtain compensation for the damages you have suffered. If you or a family member were injured in a train or railroad accident, you could consult a train and railroad accident lawyer.
Railroad accident attorneys specialize in the legal issues surrounding train and railroad accidents. They have experience dealing with all kinds of cases, from train derailment to worker negligence.
They’re also well-versed in every law, rule, and legal guardrail your team will need to use to its advantage.
The team at CEO Lawyer Personal Injury Law Firm can provide you with experienced railroad accident lawyers who not only understand the law but will fight for your rights and provide any potential legal remedies that may be available.
Train accidents often involve complex legal issues that require experienced representation, so make sure to reach out to the CEO lawyer team as soon as possible. They can take on your case for no payment upfront.
You’ll only have to pay if you win your case, so you know they’ll fight with everything they’ve got.
Schedule your free, confidential case evaluation with no obligation when you use the contact form located on this page.
Below, we’ll look at why it’s important to hire a railroad lawyer when dealing with train accidents and what you should look for when selecting an attorney.
How Can a Train & Railroad Accident Attorney Help Me?
After an accident involving a train or railroad, you may need to solicit the help of a qualified attorney because of a few factors that make these types of cases more difficult to pursue.
A train and railroad accident lawyer can offer three key benefits to ensure you get the best possible resolution for your case.
First, they can provide an invaluable understanding of the laws and regulations specific to train and railroad accidents. These lawyers can use the law to your advantage while identifying prior rulings for cases similar to yours.
This knowledge enables them to pursue the most-effective legal strategies available.
Second, they have access to the experts and resources that will be critical when it comes time to develop a successful case strategy. From expert witnesses to accident reconstructions, a train & railroad lawyer will make sure you receive all the necessary evidence for your case.
Finally, a qualified attorney will be able to navigate the insurance claims process efficiently, so you can get the best possible settlement for your injuries and damages as quickly as possible.
In short, having an experienced professional by your side is essential when dealing with any railroad accident-related legal issues.
What Are Examples of the Most Common Train and Railroad Accidents?
Railroad and train accidents can take a wide range of forms, with even the more “mild” incidents still having the potential to cause serious injuries and substantial property damage.
When it comes to serious train and railroad accidents, some of the most common examples include:
- Derailments: This is when part of a train – or an entire train – goes off its track, often resulting in catastrophic consequences.
- Crossings Accidents: Accidents can take place when a car or truck collides with a passing train at a crossing.
- Track Defects: When the tracks are not maintained properly, it increases the likelihood of derailment and/or other serious accidents.
- Fires: Trains use highly flammable materials that can easily ignite a fire if not managed carefully.
- Equipment Failures: If mechanical failure occurs on trains (for example, if the brakes malfunction), collisions are likely to occur.
- Human Error: Fatigue or intoxication of operators and/or staff may also lead to an accident.
- Hazardous Substance Exposure: As seen recently in an Ohio derailment, train accidents don’t have to be carrying passengers to inflict major harm. When toxic substance exposures lead to illnesses and devaluation of property, an attorney can represent your legal interests to pursue recovery for your damages.
What Are Some Common Causes of Train and Railroad Accidents?
Train and railroad accidents can happen for a variety of reasons, but the most common causes for these accidents include:
Negligence on the Part of an Operator
An operator may fail to pay attention while driving, fail to observe traffic signals, or neglect to follow established safety protocols. A negligence-based train or railroad accident can lead to significant injury or death.
Equipment Malfunction
Equipment malfunction and failure are also common causes of train and railroad accidents. These malfunctions can be caused by faulty wiring, improper maintenance, or wear and tear on the track itself.
Human Error
Human error is also a frequent cause of train and railroad accidents. The most common types of human error include miscommunication between the operator and the crew.
This includes: failing to adhere to established safety protocols, inadequate or inappropriate track maintenance, and failure to properly read or interpret signals. In many cases, these errors can lead to catastrophic consequences for all involved.
Lack of Oversight and Due Diligence
Some railroad carriers have a history of ignoring safety regulations or otherwise making decisions that greatly increase the risk of an accident, such as demanding operators to carry heavy freight at dangerous speeds.
In any of these situations, it’s important to hold the responsible party accountable.
When Can the Railroad Be Found Liable for an Accident?
Train and railroad accidents are complex and may involve multiple parties. It is important to understand who is held responsible for a particular accident and how that affects the possible claims associated with such an accident.
A knowledgeable train and railroad accident lawyer can help you understand your rights, the types of parties potentially liable, and the claims for which you may be eligible.
When assessing liability for a train or railroad accident, there are two main categories of trains to consider: common-carrier trains and non-common-carrier trains.
Common Carrier Trains
A common-carrier train is one that is owned by a transportation company and offers its services to the public. These trains are subject to different regulations than those that do not involve transporting passengers, as they must ensure their safety standards meet all requirements.
In cases involving common carrier trains, the transportation company can be held liable if it fails to provide safe transportation for its passengers according to its regulations.
Non-Common Carrier Trains
Non-common carrier trains are typically owned by private entities and do not transport passengers regularly or at all but instead transport goods (such as freight) from point A to point B.
When an accident occurs involving these trains, various parties may be held responsible depending on the circumstances of the incident, such as any organizations involved in operations or contractors responsible for maintenance of the belt, engine cars, or the rail itself.
Who Else Can Be Held Liable in a Railroad Accident?
When a train or railroad accident happens, it can be difficult to discern who is at fault.
In some cases, another driver might be held liable. But there are also several other parties who could potentially be responsible for the injuries and losses suffered in a train or railroad incident.
Train Operator/Railroad Company
The most obvious liable party is the train operator or railroad company, which is responsible for ensuring their employees are properly trained and that their equipment is up to standard.
If they fail to uphold these duties, they could be found negligent and held liable for any resulting damages or injuries.
Local Municipalities & Government Agencies
Local municipalities and government agencies are typically responsible for the standards set for maintaining railway tracks, signals, bridges, and culverts along the rail line. They also set regulations for the engineering of the track design and the safe operation of trains.
If any of these elements were found to have caused the accident, then either party could be held liable for damages incurred.
Maintenance Crews & Contractors
In some instances, a maintenance crew or contractor might be found responsible for an accident if it can be proven that their negligence led to the incident. This could include failing to perform proper repairs on rail lines or disregarding safety protocols while on the job.
If you have been involved in a railroad accident and believe that another party may be liable, hiring an experienced attorney can help ensure your rights are protected, and your compensation can be secured.
Who Can Pursue a Train or Railroad Accident Claim?
If you have been involved in a train or railroad accident, you may be wondering if it’s possible to build a successful case. The answer depends on your specific circumstances.
Here are some common types of injured parties who might pursue a claim in relation to a train or railroad accident.
Pedestrians
If you were an innocent pedestrian who was struck by a train, then you have a good chance of successfully building an accident case.
Some factors that could play into this include the speed of the train when it collided with you, the type of warning signals in place, and whether pedestrians (at your crossing) typically have enough time to cross safely.
Drivers
If you were driving a vehicle and were involved in an accident involving a train, there are several key aspects that can help determine if your case has merit.
You should consider the speed of both vehicles at the time of the crash, how visible the warning signs were at grade crossings, and how visible (or audible) the train’s horn was in alerting drivers of its approach.
Cyclists
Just like pedestrians and drivers, cyclists also have rights when it comes to building successful railroad cases. Cyclists should consider not only their speed and caution while on railroad tracks but also whether they have adequate warning signs or warnings from any nearby fences.
Passengers
Passengers on a rail line have the right to pursue a claim for the injuries they have suffered any time the negligence of the operating train company or other responsible party leads to harm to their person.
Others Affected by Train Derailment
Exposure to toxic substances and devaluation of property following a chemical spill can both lead to egregious harm, potentially shortening the lifespan of the victim in the event of the former.
Holding train companies and other parties liable for injuries and loss of value can be difficult unless there is a clear connection between the accident (and possible chemical release) in question and the harm suffered.
What Kinds of Damages Might I Be Entitled to in a Train or Railroad Case?
When you’ve suffered an injury in a train or railroad accident, you may be entitled to compensation for your damages — but what kinds of damages? An experienced railroad lawyer can help you understand the kinds of damages you may be eligible for.
In every situation, the types of damages available in a train or railroad accident case will depend on the facts and circumstances of your specific case. Common types of damages include:
- Medical expenses: You may be able to recover the costs of medical treatment, including hospital bills, doctor visits, prescription medications, physical therapy, and more.
- Lost wages: If your injury has prevented or limited you from working, you may be able to recover lost wages associated with being unable to work.
- Pain and suffering: If your injury caused emotional pain and suffering, as well as physical pain and suffering, you may be entitled to reimbursement for such losses.
- Loss of consortium: This applies if the injured party’s spouse suffers due to loss of companionship or caregiving duties the injured party can no longer provide after suffering from the impact of the accident.
- Punitive damages: Depending on the nature of your case, punitive damages might also be available if gross negligence was involved in causing your injury and your case proceeds to a jury trial.
An experienced attorney will thoroughly review all applicable laws and circumstances in order to ensure that all potential damages are pursued on your behalf.
Contact the team at CEO Lawyer Personal Injury Law Firm today for a free consultation to review the damages you may be entitled to.
What Should I Do Immediately After a Train or Railroad Accident Case?
Immediately after being involved in a train or railroad accident, it is important to take steps to protect your rights and maximize your chances of getting the compensation you deserve.
Here are some top tips to consider:
- Seek medical attention: If you have been injured or feel pain, get checked by a medical specialist right away. It is essential to have an official report of your injuries so you can use this as evidence for your case.
- Take pictures: If possible, document the scene of the accident with photos so that you can provide evidence in court. Make sure to take pictures from multiple angles and distances if possible.
- Gather evidence: In addition to any medical bills and photos, make sure to hold onto all relevant documents like repair bills, incident reports, property survey findings, and any insurance documents filed after your accident.
- Hold onto all correspondence with the other party involved: Keep any letters, emails, or recorded conversations with them for use in court in case of any dispute over facts or other matters related to the accident.
- Seek legal help: You should hire a highly experienced attorney who specializes in railroad accidents as soon as possible so they can help you proceed in the most efficient way possible while maximizing your chances of securing all damages you are owed.
Contact An Experienced Train & Railroad Accidents Law Firm Today
While train accidents can be emotionally draining, it’s important to find someone who can help you navigate the aftermath as logically as possible.
The right train and railroad accident lawyer will be able to do all the heavy lifting for you, so you can rest assured that they’re doing their best to fight for your rights and secure all the damages you’re owed.
Navigating the process on your own will mean missing out on the valuable know-how a skilled lawyer can bring to the table and likely force you to face off against intimidating railroad and insurance companies on your own. So don’t waste another minute.
Contact the team at the CEO Lawyer Personal Injury Law Firm today at (833)254-2923 to begin a free consultation. They’ll be able to go over all the facts from your case to determine whether you have a competitive case, all without you ever having to put down a dime.
From there, you’ll only have to pay if your team wins the case, so you’ll be able to trust that they’re fighting as hard as they can for you and your family to get you the compensation you need.
