Train Derailment Attorneys Near You: Free Case Evaluation

Train Derailment Accident Compensation

Train derailments are accidents in which the wheels or bearings of a rail car detach from the railroad tracks.

The resulting injuries, loss of life, and property damage to the surrounding community can be massive.

Victims who file a legal claim recovery after a derailment, often face a long road to recovery.

They don't realize what they are up against until it's too late.

A legal claim may involve suing a government agency operating the train as opposed to a private railroad company, allowable under certain circumstances under the FTCA. ^[1]

When transporting hazardous materials, as in the case of the recent toxic derailment disaster in East Palestine, the human and environmental costs are difficult to imagine. ^[2]

You and your loved ones deserve the best train derailment accident lawyer on your side during this stressful time. Reach out now to be connected with lawyers near you.

 

When Should You Hire a Train Derailment Lawyer?

The following situations all indicate that you should seek individual representation and may lead to a strong accident claim:

• Injuries or Fatalities: If you sustained any injuries or a loved one was killed as a result of the derailment you should speak with a accident law firm familiar with these complex wrongful death cases immediately.
• Clear Liability: If there is clear liability in an derailment accident resulting from gross negligence, reckless behavior, and/or equipment failure, then you likely have a strong accident claim and should seek representation.
• Significant Property Damage: If the wreck resulted in significant property damage, speak to a lawyer. The damage can be a result of the initial derailment or related to any secondary impacts caused by hazardous or toxic spills of materials being transported at the time of the accident.

 

Rail collisions and derailments involving fatalities and multiple injuries are a complex matter. The investigation will include federal agencies and local authorities as they look to collect evidence as to the cause. Government entities operate railroads and rail stations, and may be held responsible in any resulting plaintiffs claims.

 

Do not sign a liability waiver provided by the railroad company before speaking with an attorney

 

 

What to Do if You’re Involved in a Train Accident

Regardless of what type of train accident you’re involved in, your first course of action is to call for emergency services and seek medical attention immediately, both for yourself and other victims. Get examined by a medical professional right away even if you’re seemingly uninjured. Several injuries, such as head trauma or internal bleeding, aren’t immediately apparent and can exhibit symptoms days after the event.

Next, you should contact your insurance provider to make sure that all your medical bills and property damage are covered. In the case you are in too much pain to think clearly, or were incapacitated and receiving treatment following the accident, don't worry, your attorneys will be able to collect the necessary information on your behalf.

If the situation and your condition allows for it, it's a good idea to talk to other victims. Collect as much information about the accident as possible, and make a note of involved parties. The more information you can provide to the railroad accident lawyer, which can supplement their investigation the better your chances of receiving proper compensation from your injury claim.

Seek legal representation as soon as possible once medical treatment allows to get the help you need.

 

Why Seek Legal Representation?

Track derailments and collisions can result in events ranging from minor wreckage and property damage to full-scale disaster with multiple catastrophic injuries and fatalities along with widespread damage to the local area. Involved parties can include railroad companies, government entities, and any involved insurance companies. You can expect them to go to great lengths to avoid paying or at least minimize the amount they have to pay out in damages.

You and your loved ones need proper legal representation to answer your legal questions and get the help you need. You need someone representing your interests following an accident. With their assistance, you can seek the compensation you’re rightfully owed.

Common Cause for Train Derailment

According to the Federal Railroad Administration, there are as many as three derailment events a day, approximately 1,000 derailments a year, only 400 of which are caused by track defects. The rest is prescribed to human error. ^[3]

It's not uncommon for railroad crossing accidents involving motor vehicles to derail the train which causes further damage.

Train accidents are incredibly destructive events, and in most cases, they’re caused by equipment malfunction (the most common of which is the train track defect) and human error. Accidents that aren’t preventable are usually incredibly rare.

Experienced train accident attorneys often list two reasons as the main causes of a railroad accident: excessive speed and human error.

However, that’s not always the case; in some cases, the causes of train accidents are a combination of the following factors:

Speed:    Most people will state that any train going over ten mph has the potential to derail; however, that’s a very broad generalization. In fact, the type and class of a train dictate how fast the train should go. Any train going faster than what’s recommended for its type and class increases its chance of derailment.

Equipment Malfunction:    Equipment malfunction is also a large contributor to train crashes. Malfunctioning brakes means that the train can’t stop or slow down adequately, potentially leading to all sorts of accidents. The same applies to defective handbrakes.

Defective or broken handrails on locomotives or train cars can also be blamed for any number of personal injuries. Lastly, faulty communication equipment and defective or broken rails also cause train accidents. The former can cause train collisions, while inadequate track maintenance remains the biggest factor in accidents caused by mechanical failures.

Human Error:    Several train accident cases result from human error, such as operator negligence. Examples of this include a railroad worker being distracted by a smartphone or other railroad employees, being under the influence of psychoactive substances, or simply inadequate adherence to safety measures and precautions.

Driver Negligence:    Driver negligence refers to the reckless driving of other participants in road and railroad traffic. Train racing is a notable example of driver negligence; it refers to car drivers and motorists attempting to cross a railroad crossing before an approaching train arrives.

Sabotage:    The potential for sabotage of the rail system is not to be discounted, no matter how unthinkable. After a significant event, all factors should be investigated for potential causes at minimum to uncover ways further derailments can be prevented.

 

 

Injuries Caused by Train Derailment

When a derailment happens, a train operator can’t brake or control the train, which may cause a devastating wreck laying waste to passengers and property alike.

Though track derailments happen much more frequently than anyone thinks, they’re still not as frequent as car accidents. However, the number of train accident victims in a single accident involving a commuter train almost always outnumbers those in typical car accidents.

Unfortunately, when a few hundred tons of steel powered by a diesel engine goes approx 50 mph and run off the tracks, the results, dictated by the laws of physics, are bound to be devastating. Survivors commonly sustain serious personal injuries, injuries to family members, and the death of loved ones. Most damage suffered by train accident injury victims include:

 

• Broken bones, including those in your extremities and ribs
• Crush injuries
• Loss of limb
• Internal bleeding or hemorrhaging
• Sprained joints
• Concussions
• Traumatic brain injuries

In addition to causing severe injuries, most train accidents involving the carrying of toxic materials can expose the surrounding area to dangerous chemicals that can cause short-term and long-term health problems.

What Types of Compensation Are Available in Train Accident Cases?