Mechanical Error Train Accident Lawsuits

---

EXPERIENCED RAILROAD MECHANICAL ERROR ACCIDENT LAWYERS HELPING VICTIMS IN YOUR AREA

If you’ve been involved in a severe railroad mechanical error accident that was no fault of your own, it’s crucial that you know your legal rights. We know that lawsuits can be overwhelming and stressful, which is why you need the support of experienced railroad injury litigators to help you get financial compensation for your recovery and rebuilding your life.

Experience counts when you hire a train accident attorney to handle your personal injury case. 

Our lawyers understand what it is like to be involved in a train accident and have provided expert legal representation nationwide for decades. Permanent injuries are common in train accidents and can have life-altering consequences. 

Train accident settlements often settle for larger dollar amounts because of the insurance requirements for railroad company carriers.

Railroad companies have teams of attorneys protecting their interests and will attempt to get accident victims to either drop their cases or settle for much less. The reality is that many train accident cases require a personal injury lawsuit to obtain sufficient compensation for your injuries.

Some train accidents cases can be complex a involve multiple parties which can increase the time to settle.

Common Causes of Train Accidents

• Conductor Error 
• Conductor Negligence
• Derailment
• Distracted Motorists
• Distracted Pedestrians 
• Excessive Cargo
• Excessive Weight  
• Failure to Apply Sufficient Hand Brakes
• Failure to Comply with Restricted Speeds
• Failure to Inspect Trains
• Failure to Latch Track Switch
• Failure to Lock Track Switch
• Failure to Maintain Equipment
• Failure to Maintain Rails
• Failure to Maintain Trains
• Fell on Train Track Injury
• High Speed 
• Human Errors
• Improper Maintenance
• Improperly Lined Track Switches 
• Inspection Violations
• Maintenance Violations
• Poorly Trained Operators
• Railroad Company Negligence
• Railroad Mechanical Errors
• Safety Violation Accidents
• Suicides
• Tired Rail Employees
• Train Operator Error
• Train Operator Inexperience
• Train Operator Intoxication
• Train Operator Texting

Common Train Injuries

• Back Injuries 
• Brain Injuries
• Broken Bones
• Burns
• Coma
• Fatality
• Head Injuries
• Hip Injuries
• Knee Injuries
• Leg Injuries
• Neck Injuries
• Paralysis
• Spinal Cord Injuries
• Trauma & PTSD
• Whiplash

Railroad-Train Accident Statistics

• 1,000 people die in train accidents every year.
• 11,000 accidents occur on our railways each year.
• 6,000 railroad crossing accidents each year in the United States.
• Every 2 hours a person is hit and killed by a train accident in the U. S. - Department of Transportation 
• 209,308 railroad crossings and approximately 129,326 intersect with public roads.
• 60% of all railroad crossing deaths occur at unprotected crossings. - National Transportation Safety Board
• 80% of all railroad crossings are not protected by safety gates and lights. - National Transportation Safety Board
• There is over 130,000 miles of railroad tracks in the U. S.  

Injury victims should contact a train injury attorney immediately after an accident. An experienced attorney understands the rules and regulations in the railroad industry and can find any potential pilot or aircraft company violations.

Accident attorneys are experienced in dealing with difficult insurance companies and know-how they try and get out of paying for a victim's injury claims.

When filing a lawsuit, the victim may not know who is responsible for causing the accident. In most cases, the lawsuit will name every potential defendant who may have had a role in causing the accident.

The Defendants Can Include:

• Train Operator
• Railroad Company
• Railroad Lessee
• Railroad Manufacturer
• Railroad Owner
• Insurance Company
• Railroad Parts Manufacturer
• City or County Government

Railroad Company Fault

Railroad Engineers can be under a lot of pressure to make delivery deadlines, which can contribute to negligent driving. Railroad companies sometimes intentionally or recklessly violate transportation regulations and safety requirements to increase their profit margins. Even if an engineer is responsible for causing the accident, the railroad company may still be liable for the negligence of their employee. 

Railroad Regulations

The Federal Railroad Administration is responsible for regulating the safety of U. S. railroad systems included passenger trains, freight trains, and safety equipment and implementing federal laws and railroad planning.

Before state workers’ compensation laws came into existence in the U. S, Congress enactment of the Federal Employer’s Liability Act (FELA) to protect the rights of injured railroad workers, under FELA, injured workers can seek damages in court for injuries suffered while on the job. 

FELA claims are similar to workers’ comp claims in that both claims are designed to compensate injured workers for injuries suffered while in the workplace.

Workers Compensation

In a workers compensation claim, the injured worker does not have to prove that the employer was negligent or fault for their injury. The injured worker needs only to show that the injury occurred while in the course of their employment.

FELA Claims

In contrast, the injured worker is required to show that their employer was not only negligent but that the negligence was the cause of their injury. 

If you are a railroad worker and has received injuries in the workplace, we can help with a free case consultation. Call today! - 888.267.1137

Whether a minor crash or a severe crash, train accidents can take a long time to reach financial settlements. Most states allow plenty of time between the crash and the deadline for filing a lawsuit. Injured victims should contact an aircraft accident lawyer for advice on when to file.  

Understanding Your Statutes of Limitations

Every state is different regarding railroad train accidents and lawsuits. In most cases, victims have 1-3 years to seek legal action against the responsible parties for your injury. If you’re concerned about your Statute of Limitations timeline, a free case evaluation will help you understand your options.

Compensatory damages are available to injury victims. Compensatory damages are intended to compensate a plaintiff for losses in an injury accident. Compensatory damages in a train accident lawsuit can include both “economic” costs and “non-economic” damages.

Anyone injured in a train accident may be able to file a personal injury lawsuit for damages caused by the crash. If the engineer or railroad company was negligent in causing the accident, the injury victim could file a lawsuit to recover damages that can include:

• Court Costs
• Disfigurement 
• Emotional distress
• ER Treatment
• Future Medical Treatment 
• Hospital Stays
• Loss of Consortium for Spouse
• Loss of Enjoyment in Life
• Lost Earning Capacity
• Lost Wages
• Medical Bills
• Medical Supplies
• Nursing Home Care
• Pain and Suffering
• Physical Disability
• Physical Therapy
• Prescription Drugs
• Property Damages
• Vehicle Repairs  

Because each train accident lawsuit case is unique, it could take several months or even years to settle a claim or complete a trial. A railroad accident lawsuit involves the following steps:

Claim Assessment - When a claim is filed, an assessment is made to ensure you have a valid case, consisting of examining accident details, evidence, damages suffered, medical expenses, cost of future care, and the negligence of the other party. This assessment is done during your free consultation.

Investigation - If you have a qualified case, a thorough investigation of the aircraft accident will begin immediately to preserve evidence. Negligent parties will also be notified, and demand will be issued for the preservation of all evidence, including photographs, planes involved, runway structures, pilot and aircraft company certifications, and other data.

File and Complaint - Once your evidence is preserved, a lawsuit will be filed against all parties who are deemed negligent in the accident.

Case Discovery - This is where case information is requested from the other parties, conduct depositions, interview witnesses, and obtain expert analyses,  accident reconstruction, and medical evidence to build a solid case.

Begin Mediation - Victims and defendants will attend mediation to determine if a fair settlement can be reached. During mediation, a negotiator will attempt to make a settlement to compensate for pain, suffering, and other damages. The majority of train accident lawsuits will settle before going to trial.

Go to Trial - If no settlement can be reached in mediation, the lawsuit will proceed to trial. A jury or judge will hear the case.  Attorney's will present evidence and participate in closing arguments. 

Settlement - The judge or jury will then determine fault and decide on the amount of compensation to award for your losses.

Put Experienced Railroad Investigators on Your Case! 

If you or a loved one has received injuries in a train accident due to the negligence of others, we can help.

We have experienced train accident lawyers that will hold negligent parties responsible for personal injuries, including wrongful death.

Contact us today for a free, no-obligation case review. We can provide you with a 100% free case evaluation where we examine the details of your case and determine which legal strategies can best protect your future.

If you think you have a case, now is the time to reach out to a legal representative. If you believe that you have a railroad accident case, we can help you now.
 

• No Fees Charged, Until Your Case is Won
• Available 24/7 for Your Case Support
• Our Team Will Travel to You

We Help Get You Fair and Just Compensation for Your Railroad Mechanical Error Accident Injuries!