Last Updated: March 13, 2021

Train Accident Lawyers Reveal Top 5 Things You Must Learn About Your Train Injury Case

train accident lawyers

Train Accident? You Probably Have Questions For Train Accident Lawyers. So Read On Where I Reveal What You Need To Know About Your Train Injury Case.

When we talk about train accidents, the description alone can bring you chills. With such a monstrous machine (even the smallest trains weight tens and hundreds of tons), escaping with a recoverable injury can be short of a miracle. So, before you ride on a train, it is good to be familiar with the things you're entitled to just if the situation can go unfavorable. 

Train accident lawyers are injury lawyers who are experienced in handling the quirks and complexities of train accidents. They know how trains operate and the procedures train companies follow. This puts them ahead of the curve in ensuring that an injured person received fair compensation for their injuries.  Experience is key in case choosing train accident attorneys if you or a loved one has been hurt on a train.

What Is A Train Accident?

Different types of accidents can possibly happen when riding a train. Here are the following:

  • Train Derailment 

This happens when a train will come off from its tracks. This is the most common train accident out there, accounting for more than 80 percent of the cases. 

  • Railroad Crossing 

This accident involves a train moving while a vehicle or a pedestrian is crossing. Most of the time, this is a one-sided affair wherein the party crossing receives the majority if not all, the damage.

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  • Collisions

A collision is a head-on crash either to a vehicle or to a structure. A derailment can even lead to a collision with another train from the opposite track. This is probably the most destructive and costly type of train accident.

Other accidents such as fire, explosions, poisoning, and more can happen in a train, but they are very rare cases and mostly ruled out as parts of crime scenes. The factors below are the causes of the aforementioned common train accidents:

  • Human error

This is the most common cause of accidents. In case of the train operator, these are the following errors that might be incurred:

    • Driving negligence
    • Overestimation of cargo
    • Inexperienced personnel
    • Miscommunication
    • Maintenance negligence

In case of the people involved in an accident, these may be the errors done:

    • Miscalculation of speed
    • Carelessness
  • Mechanical error

Most mechanical errors are due to the lack of maintenance done before operating. Although it is already a standard procedure to check the equipment always and now, with technology monitoring the tracks' state, mechanical errors can still appear if those procedures are not taken seriously. 

Also, the possibility of having mechanical damage after the said standard procedure can happen, and this can be attributed to a manufacturing fault

  • Natural circumstances

There are things that happen with such unbelievable coincidence that most can consider them 'acts of God.' Example of which is a lightning strike or a landslide. However, this can also be connected to human error since most natural disasters can be foreseen before the operation. 

What Sort of Injuries Are Common Or Can You Possibly Get? 

If a train accident occurs, here are the most common injuries and unfortunate situations that one can likely obtain:

  • Broken bones
  • Burns
  • Crushed organs
  • Torn muscles
  • Amputation
  • Brain injuries such as concussion
  • Spinal cord injuries such as paralysis
  • Cancer (due to exposure at work or effects on spillage of harmful chemicals)
  • Wrongful death

If you have encountered this injury, you need to take the necessary steps as immediately as possible.  And consider speaking with a lawyer who does train accident cases.

train accident lawyers
5 Things You Need To Learn According To Train Accident Lawyers
  1. Things To Do Right After The Accident 

The best thing you can do right now as the one involved in a train accident is to get away from harm's way. Sometimes, there can be more unfortunate things happening after an accident, such as an explosion or falling sharp debris. After you have cleared yourself or asked for help in getting away from further harm, the only thing to do next is to seek medical help. 

If you're not the one involved in an accident yet your loved one is, then you can perform first-aid. But if you are not trained, leave that person still until medical personnel arrives. While on the verge of completing the medical procedures, secure as much evidence as possible so that you can use them on the train injury case later on. 

  1. Things To Do The Following Days 

Most train accidents are being investigated right away by authorities. You will likely be contacted to be interviewed as a witness or a victim. Before speaking, it is important to know that you are entitled to avail of train accident lawyers' services. 

Prepare the evidence so that the lawyer can use them for your benefit. Aside from the legal procedure side, you need to contact your employer or co-worker and let your unfortunate situation be known. Ask for the necessary procedures to be done. 

Keep your finances tracked, from medical bills to damaged belongings and loss of income opportunities. And obviously, you need to recover from the injury as much as possible. If the injury is severe, hope that your loved one is informed of the things needed to be done. 

  1. Your Entitlement For A Lawsuit 

Lawsuits can be very tricky. You don't go suing the train company for the accident when you all know that your carelessness made it happen. That can be a recipe for a counter-lawsuit that puts you in a very difficult situation. 

Sometimes, the accident's responsibility can be a personal perspective, which is why you have to consult a train accident lawyer for that matter. The goal of a lawsuit is to seek compensation for the damages done to you. Not only what happened to you or your loved one on the spot, the damages include the aftermath of the accident until you are fully recovered. 

In the event of wrongful death, your loved ones will be filing the claims and receiving compensation. The same goes if you're the survivor or beneficiary and you're loved one is the person who unfortunately died. The lawsuit filed can differ depending on the type of accident and the level of accountability. 

  1. The Amount Of Settlement Can You Get 

The amount of settlement depends on your involvement in the accident and the extent of the injury. Assuming that you or your loved one is not liable for the accident, you can seek a settlement, through your lawyer, from the ones at fault. The amount includes your medical bills, recovery treatments, loss of income, and deprivation of future income generation activity.

The claims can also be different if you are a bystander victim or part of the operating crew. If you are an employee, the accident may or may not be part of the work-related injury. Therefore, you need to adhere to the company's policies first before seeking a lawsuit. 

  1. The Importance Of Having A Train Accident Lawyer 

As you have read so far, dealing with a train accident's aftermath is no easy task. In fact, your life will be even difficult, so it is very helpful to avail the services of a train accident lawyer. 

For the fees, the computation of settlement money will include that. If you can't afford a lawyer while the legal process is taking place, then you need to pursue help from government offices or non-profit organizations. 

Conclusion

Train accidents are unbelievably scary, and they can result in serious injuries and even death. You'll be lucky if you survive with all limbs attached and all organs having a great chance for recovery. In the event of an accident, always seek the appropriate lawyer's services to help you gain back what you are entitled to. 

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I hope this article helped answer some of the questions you might have for train accident lawyers. 

I look forward to hearing from you and about your case and what I can do to help.

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Scott DeSalvo, Injury Lawyer - 312-500-4500


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