California Train Accident Lawyers
What to Do After Being Injured in a Train Collision
Many people aren’t aware of the frequency of train accidents. Derailments and collisions are a daily occurrence across the United States. One is said to occur every 90 minutes on average.
Some of these incidents, like the recent headline-grabbing Amtrack derailment, result in death. Many more incidents result in passengers injured.
In an average year, over 2,000 Americans find themselves injured in a train crash or train related incident.
If you were injured in a train crash you’ll want to know your rights and the responsibilities of the railroad companies. Read on for more.
Checking Your Health
The first and most vital thing you can do following a train crash is to seek immediate medical help.
Even if you believe the injuries you’ve sustained from the accident are minor, you should seek a doctor’s second opinion.
Common injuries resulting from train accidents include:
- Spinal Cord Damage
- Fractured or Broken Bones
- Concussion of Minor Traumatic Brain Damage
- Torn Tendons
- Muscle or Tissue Damage
- Emotional Disorders
You should follow the immediate recommendations of your medical supervisor.
If you are planning on taking legal action against the railroad company following a train crash, you will need certified proof of any injuries sustained. The sooner you see a doctor following an accident the better– for yourself and for your case!
Railroad Company Responsibility
You may be wondering what level of responsibility a railroad company has in the safety of its passengers.
The answer may not be as clear-cut as you expect.
Railroad companies are considered by law to be common carriers, which are entities that transport public people for a fee. The legal requirement of this designation does not require railroad companies to guarantee their passenger’s safety.
It does require them to exhibit the highest degree of care and vigilance possible. A railroad company would have to be able to prove in a court of law that they did all that could reasonably be expected of them in preventing an accident.
If they could not do this, they would be considered liable for damages caused by the accident.
This expectation extends to all areas of the railroad’s influence including loading and unloading stations.
Most modern trains are required to have a “black box” installed somewhere in their locomotive. These boxes are recording devices that keep track of information relating to the train’s performance. They keep note of how fast the train is moving, its direction, even brake and horn use.
These devices were originally designed for airplanes and are now used in almost all forms of public transportation.
The information stored in the black box can be hugely helpful in determining if significant care and vigilance were taken.
What Causes A Train Crash?
A railroad-related accident can be caused by a variety of issues. Many of causes could find a railroad company at fault.
Sometimes trains go through a mechanical failure with accidents being caused by something like a faulty breaking mechanism. This is usually due to poor maintenance on the part of the railroad company.
Trains carrying heavy cargo may run into issues in slowing or stopping. This can often result in collision or derailments.
Fatigue, intoxication, or general irresponsibility exhibited by train conductors has also been a known cause of railroad accidents.
Outside of the train itself, the railroad company is expected to maintain all other aspects that could affect train safety. These include ensuring maintenance of the tracks themselves.
It also means ensuring that train crossing areas are marked clearly and properly and that all crossing gates and lights are functioning at peak performance.
If an automobile driver were to cause a collision as a result of unclear railway crossing signage, the railroad company would still be liable for all damages.
Individuals need not be riding the train to be potentially owed damages by a railroad company.
Many train accidents involve injuries to bystanders and pedestrians. These accidents may happen as a train comes in or leaves a station.
In the case of the Amtrack incident, it may involve a train creating damage on a roadway adjacent to the train tracks.
If damages sustained by bystanders can be proven to be caused by the negligence of the railroad company, they have a right to sue just as any passenger does.
Understanding Train Crash Damages
If you’ve been injured in a train crash it is within your rights to sue the railroad company for damages.
As mentioned previously, you will have to prove the railroad company was negligent in some way, and that this negligence helped to cause the accident.
The railroad company will likely have its own set of lawyers, and you will need to seek someone with experience in the field to help support your claim. Railroad companies are large corporations, and will likely try to pay out as a little as possible.
It is imperative to quickly seek legal counsel following a train crash, as evidence will and witnesses will need to be gathered quickly following the incident.
If you have a good case against the railroad company you can sue for a variety of damages. If you have medical bills as a result of injuries caused by the train crash, you can sue for these costs. This can include future medical bills related to your injuries.
You may be entitled to lost wages as a result of your injury.
You may also be able to sue for loss, pain, disability or emotional distress.
An experienced attorney can help calculate damages and seek the compensation that you deserve.
Seeking Help After A Train Crash
Being injured in a train crash can dramatically alter the course of your life.
It can make it difficult to go to work and support yourself or your family. It can cause you incredible amounts of pain and stress.
And it may be due to the negligence of a railroad company.
If you’ve been injured in a train crash as a passenger or bystander and are in need of legal guidance, please don’t hesitate to contact us immediately.
Together, we can get you the compensation you deserve.
In the incident where you or a loved one has suffered serious injuries or death as the result of a train wreck, your priority should be to seek guidance and advice from a licensed professional immediately.
The Personal Injury Attorneys with Mova Law Group have the experience that you need to claim compensation to cover your medical bills, loss of the ability to work and pain and suffering that follows years after this accident.
By contacting Chris Mova, you will be placed directly on the road towards recovery and financial assurance. We’ve helped thousands of injury victims get back on track after a catastrophe. Give us a call at (858)333-4999
What Should I Do If I’ve Been Involved In A Train Crash?
Unlike a minor bumper to bumper accident such as being stuck in traffic during rush hour, being in a crash involving a train is 10 times more likely to result in serious bodily injuries. Hours, days and even weeks after the incident, your body can still feel impactful effects. Here are some guidelines that you should follow after being hit by a train:
- Seek medical attention immediately. Serious brain injuries can go days until they surface, even though the damage has been done upon impact.
- If possible, recover as many images, photos, statements from witnesses to strengthen your personal injury claim.
- Keep all communication to a minimum between you and your insurance company.
- Contact a lawyer that has the experience, availability, and dedication to ensure that you will receive the utmost attention for your claim.
- Scheule full medical evaluations to check for any additional injuries that you may have received. Concussions, hairline fractures, dislocated joints and other physical or mental issues.
- Stay consistent with your medical treatment. Inconsistencies and gaps in treatment can mean a rejection of your claim.
Approvals can take anywhere from 3 months to a year, every case is different and every case has its own story. With Mova Law Group, we take the time to make sure that your case is approached in the most logical and aggressive way possible.
What Can Be Recovered After A Train Accident?
While you can never put a price on a loved one’s life, the cost of funerals, medical bills, and future expenses can rapidly increase in a short period of time. Listed below is every type of compensation that can be awarded to you and the victim’s family members.
- Medical Bill Coverage – Trains are tremendously huge, weigh tons, travel at high speeds, and injure every person within the radius of crashing. While the chances of being involved in a train wreck are slim to none, if you are involved, injuries are pretty much indefinite. We can help you with high medicals and future compensation if you can no longer work.
- Property Damage and Vehicle Damage – After being hit, your vehicle is most likely going to be considered “totaled” by your insurance. Our firm focuses on making sure that we can get you into a new car or truck, as soon as possible. If your home has been damaged, our attorneys will go after the train company and your home insurance to make sure that all expenses are covered. You should never go without, especially if you pay a monthly premium for insurance that covers these types of damages.
- Injuries Causing Victims To Be Unable To Work – These accidents can change the livelihood of anyone directly involved in them. Thousands of pounds completely crushing a vehicle can cause serious damage to an individuals body. At first, many people don’t realize the extent of their injuries until it is too late. With Mova Law Group, we make sure that you are properly compensated and paid generously for future years to come.
Dangerous Train Accidents in 2017