Trains are common carriers with a special duty of care to their train passengers, fares and other clients. A train crash can easily become one of the most devastating for its victims. Even if the train accident victims survive the accident, they (and their families) must deal with excruciating medical fees as well as potential lost wages, depending on how severe the accident was along the railroad tracks.
According to recent statistics from the Federal Railroad Administration, approximately 2,145 highway-rail grade crossing crashes happened back in 2021 (the 2022 report is yet to come).
In Calif has were at least 169 collisions, 35 fatalities, and 37 injuries. Many of the victims with railroad workers, and those who sustained injuries often suffer mental anguish for life. The worst part is that highway-rail grade crossing crashes aren’t the only type of train accident out there caused by negligent railroad companies.
Trains are often an affordable way for people to travel across cities. The slightest mistake can lead to devastating accidents due to how these vehicles travel debts.
If you or a loved one suffered any train accidents that left serious or fatal injuries, then you must talk to an experienced train accident lawyer who can p to address a lawsuit. Depending on the nature of the train accident, you may be able to sue.
This article by Ehline law will address how the process for a train accident lawyer works and how you can get started with legal representation today. Contact an experienced train accident attorney legal team at Ehline Law Firm today at (213) 596-9642, or keep reading to explore your legal rights and specific laws associated with this complex process in a train accident case.
What Are the Most Common Causes of Train Accidents?
Unfortunately, train accidents happen due to a wide range of causes. Understanding the cause will help the train accident lawyer determine who you can sue and how much compensation you’re eligible for.
Let’s address the most common train accident cases people can experience:
Many train accidents occur due to negligence. The negligence can come from a driver, an employee, or a railway company. In some cases, an agency or equipment manufacturer can also be to blame.
The Federal Railroad Administration has the responsibility to promote safety regulations on railways, according to the Department of Transportation Act of 1966. You may be eligible for a case if any responsible party fails to provide you with a safe travel environment.
Train accidents due to human error typically happen to inexperienced drivers, although some professionals aren’t exempt from making mistakes.
Sometimes, driver fatigue makes them more likely to make a mistake and cause a train accident. Any driver who feels too tired to operate a train will start suffering from vision or hearing issues, causing them to have poor judgment over their driving.
Mechanical Failures or Defective Tracks
Even if the drivers and employees do everything they can to ensure their passengers’ safety, mechanical failures can lead to train accident injuries. These failures aren’t that common considering how strict the FRA is at ensuring safety protocols are met, but they can (and do) still happen.
It’s vital to note that trains are complex vehicles with several parts. The slightest failure in any of these parts can lead to a severe train crash.
On the other hand, we have defective tracks. By “defective,” we mean any foreign objects left at the site that could cause train derailments.
In some cases, the driver may notice the obstacle immediately and stop the train on time. Some other times, unfortunately, the driver may fail to see those obstacles in time.
Reckless Drivers or Pedestrians
While it’s common to think that accidents involving railroad crossings and trains, in general, are always the fault of the driver or the train company, there may be some cases where a pedestrian or other driver may be liable for the accident.
Sometimes, a distracted pedestrian could stand on the train tracks while the vehicle passes by, causing a horrible train accident.
On the other hand, we have other drivers who could be operating a car, truck, or bike. These drivers can cause an accident by trying to beat the train across the crossing or leaving their vehicle parked in the middle of the track.
A train derailment can happen due to defective tracks, collisions, driver errors, broken rails, faulty equipment, or bad wheels.
Contrary to popular belief, not all derailments are fatal. However, a severe accident may be more likely if the train was moving at a considerable speed.
Unfortunately, several people use train tracks or trains to take their lives. This can easily cause a train accident that can also endanger the train employees, passengers, and other people that may be nearby.
As the law requires, all railroad crossings must be protected and have the proper warning devices/signs. Unprotected crossings can lead to the driver having poor visibility or not being able to operate the vehicle properly.
Who Is Liable in Train Accident Cases?
It depends on the nature of the accident. Your best bet will always be to hire a train accident attorney who can help you address everything more carefully with the focused assistance you expect for your incident.
Typically, if the train accident happened due to unprotected crossings or human error, you could sue the train company, the railroad company, or someone from the train crew.
However, remember that the truck driver or company may not always be responsible for an accident, as some of them are caused by external factors such as obstacles in the railway, distracted pedestrians, poor weather, other distraction, or reckless drivers.
Considering the number of factors that can affect liability in train accidents, the best thing you can do is contact professional train accident lawyers to help you review your commuter accident case with focus.
Can You Sue the Truck Company or Driver?
While suing a truck company or driver may seem scary or complex for some people, it’s entirely possible. Any liable party is responsible for compensating you for damages, especially if they were life-threatening.
If you believe your train accident was caused due to the negligence or error of the truck company or any of its employees, make sure to talk to our railroad accident lawyer for more information on how to build your case.
How Can a Lawyer Help Train Accident Victims?
Our train accident lawyers will help you gain the compensation you deserve for any serious injuries you may have sustained.
Some people try to manage their personal injury claim themselves, but if you want to have as many chances of winning as possible, our train accident attorneys are the way to go. Sometimes, proving negligence may not be easy, so you need someone who understands the law by your side as you endure so much physical pain and anguish.
Our train accident lawyer can help you with all of the following factors:
- Gathering any relevant evidence you need.
- Contacting the police and getting a report.
- Gathering your medical records and talking to experts about your condition.
- Filing a case within a reasonable time frame.
- Determining liability.
- Filing the required paperwork and calculating the true value of your claim.
- Taking the case to court (if necessary).
Typical Injuries In Train Collisions
Accidents with motor vehicles, two trains head-on, homeless people or railroad employees working on the tracks, and those caused by other human factors lead to an array of common injuries as follows:
- Post traumatic stress disorder
- Spinal cord injuries
- Broken bones
- Other serious injury.
We will investigate the facts and interview witnesses around town. We will even walk the accident site to make ourselves intimately aware of your circumstances. Our attorneys handle cases until all liable parties running the railroads are held accountable. So schedule a free consultation to discover your legal rights and protect the statute of limitations from suing in your transportation case.
What Damages Can You Cover with Your Train Accident Claims?
There are several damages you can recover in compensation with the help of a train accident lawyer, and those include:
- Property damage
- Medical bills
- Lost wages/income
- Loss of earning capacity
- Pain and suffering
- Reduced quality of life.
Occassionally, the plaintiff may be entitled to punitive damages. If you want more details about what damages you can recover from train crashes, talk to our train accident lawyer and discuss your various legal options. Contact an Amtrak train accident lawyer 24/7 at (213) 596-9642 for a free case evaluation and become a new client. We are ready to assist you with our experience, charism, knowledge, and skill. Clients trust us because we get the most compensation and never surrender your recovery!
How Does the Process for a Train Accident Attorney Work?
Finding the right lawyer for your case is easier said than done. If you were a victim of a train accident and want to ensure you gain the compensation you deserve, follow these steps:
Look Online and Find the Right Lawyer
The internet is your friend when it comes to obtaining fair compensation after being injured in a train wreck. You will be able to review many law firms and attorneys much faster.
You should read as many reviews and testimonials as possible to determine if that particular legal professional or team is the right one for you.
You can check many of our client’s testimonials and reviews at the Ehline Law website as part of the arduous legal process against any liable party.
Schedule a Free Consultation
Now, you should schedule a consultation with your lawyer so that they can gather all the details they need about your case. This will help them give you a realistic overview of how your case may go.
Thankfully, many law firms, including Ehline Law, offer free consultations to their clients. In this consultation, feel free to ask your lawyer as many questions as you need about them, the firm, and your case.
Remember,r this consultation will help you determine whether this professional is the right one for you.
Build Your Case
Finally, it’s time to get to work once you’ve settled on a legal professional. You will work alongside your lawyer to gather everything necessary for your case, and then, they will fight until you get the compensation you deserve for your injuries.
Start Building Your Train Accident Claim Today to Recover Compensation
Are you confused and wish to speak with legal professionals and bring a legal claim against the liable parties? Train accidents can get complicated quickly and cause permanent bodily harm. While some train wrecks are minor and don’t cause anything more than bruises or cuts, others can cause problems as severe as traumatic brain injuries.
Regardless of wWhetherision is minor or major, you should talk to a lawyer if you suffered any significant injuries. Sometimes, railroad accidents can lead to life-altering injuries, and getting the money to deal with all the medical bills and therapy expenses won’t be easy unless you sue the train companies to pursue compensation.
On the other hand, if your loved one was involved in a train accident that led to catastrophic injuries or a wrongful death case, we can help you fight the insurance company and negligent parties it represents. We will seek out and find the liable party for the accident and sue, whether it’s the train operator, the rail company, or someone else who caused your severe injuries and emotional distress.
Our team at Ehline Law is ready to evaluate your case through a free consultation, so if you’ve experienced an accident recently, don’t hesitate to contact the team at (833) LETS-SUE today to learn about your rights to financial compensation to cover medical treatment and other losses from a highly experienced attorney.