Train and Railroad Cases in 2022

Train and railroad accidents occur due to different reasons. Some common examples include:

• Lack of proper track maintenance
• Mechanical failure, such as brake malfunction
• Lack of proper signage
• Poorly-maintained signage
• Protruding objects from the train
• Train operator's failure to warn when approaching railroad crossings
• Untrained train crew members
• Fatigued workers
• Trains carrying excessive cargo
• Presence of objects on train tracks
• Obstructed crossings

You may be entitled to compensation if you or your loved one has been injured in a train or railroad accident. However, this will depend on the specifics of the accident. Contact a Morgan and Morgan attorney to learn more about your options.

The scariest thing about train and railroad accidents is that they often cause serious injuries. In fact, most injury victims are usually lucky to survive these accidents. Some common injuries include:

Whiplash

This injury occurs when the train stops abruptly or rams into an object. Whiplash is the back-and-forth movement of a body part due to impact.

Here's a more detailed guide on whiplash injuries and settlements, including how Morgan and Morgan whiplash attorneys can help.

Fractures and Broken Bones

These injuries may require long-term treatment. Although most victims can recover from fractures and broken bones, recovery is usually excruciating. In addition, some victims are never the same even after recovery. They might struggle with proper posture, walking, balance, body coordination, etc.

Concussions

Concussions occur due to sudden blows to the skull. If unmanaged, concussions can lead to brain damage, among other complications.

Spinal Cord Injuries

The spinal cord sends signals from different body parts to the brain. When the spinal cord is damaged, this injury interrupts communication within the body. Severe cases of spinal cord injury can lead to temporary or permanent paralysis.

Post Traumatic Stress Disorder

Some injury victims constantly fear traveling in trains after such a horrible ordeal. Some may develop panic attacks when they hear the chugging of a train or see anything that reminds them of the accidents. There have also been cases where accident victims panic whenever they approach a railway, even while driving, due to PTSD.

Traumatic Brain Injuries

Also known as TBI, these injuries occur due to a blow to the head, disrupting normal brain functions. This injury can lead to blurry vision, difficulty concentrating, confusion, and speech problems.

You will need to follow critical post-accident procedures. Here is a summary of these steps:

• Call 911 and request medical attention
• Stay calm and listen to instructions from the individuals in charge of the train. Do not panic or move around if injured. Such actions could worsen your injuries.
• If possible, take pictures of your injuries. If you have been injured at a train station, chances are there will be several witnesses to the accident. Get their contact information if possible.
• Ensure you get checked by a doctor even if you do not show any signs of external body injuries or experience any pain. Your body might still be in shock after the accident, making it difficult to process pain at that particular moment.
• Lastly, contact a Morgan and Morgan attorney for a case evaluation. We will review the circumstances of your case and determine whether you have legal grounds to file a lawsuit against the other party. If you do have a reason to file a claim or lawsuit, we will walk you through the next steps.

Yes, you can get compensation even if you are a railway worker. In fact, in most cases, it is easier to obtain compensation when you're a railway worker than a passenger. You will just need to prove that there is a chance that your injuries derive from the accident.

Unlike most personal injury cases, you may not need to prove that the train accident was the only reason you got injured. Instead, you may be eligible for compensation just as long as it contributed to your injuries.

The Federal Employers Liability Act (FELA) protects railroad workers by offering a "featherweight" burden of proof.

In 1977, Congress passed a law setting a $200 million cap for the damages plaintiffs may be able to recover after a car accident. This limit applies to all passenger claims and in every jurisdiction. However, one great benefit of being a railway worker is that this limit does not apply to FELA claims.

Many different parties might be liable for train injury. It all depends on the specifics of the injury. Examples of parties that could be held responsible for the injuries include:

Part Manufacturer

An experienced attorney might be able to hold a part manufacturer liable if they manufactured a faulty part, causing the accident. Such an attorney will need to work closely with a defective product liability attorney.

Railroad Company

If the railroad company was negligent, leading to the accident, you might be able to hold them accountable. A good example of such a situation is if they failed to maintain the railroad, causing the train to derail.

Railroad Employees

Employee negligence can also lead to railroad accidents. If that's the case, an experienced attorney can help determine how best to collect damages. For example, suppose the employee was overworked, affecting their concentration at work. In that case, their employer might be held responsible for the accident.

It is also worth noting that not all train and railroad accidents occur due to negligence on the defendant's part. Sometimes, the victim might be liable, either completely or partially. That said, it is never advisable to admit liability, even if you feel you are partly to blame for the accident. Instead, speak with an experienced attorney first.

The exact damages you may be able to recover will depend on the nature of your case. In the past, train accident victims have been able to recover damages such as medical expenses, lost wages, pain and suffering, emotional distress, caregiver costs, and loss of enjoyment of life. You may also recover burial costs if you lost a loved one due to a train accident.

No law requires you to hire an attorney if you have been injured or lost a loved one due to a train accident. However, hiring an experienced attorney significantly improves your chances of obtaining a favorable outcome.

An experienced attorney can help investigate the case to determine liability. As mentioned earlier, more than one party might be responsible for your injuries, and it is the attorney's job to identify these parties.

A train and railroad accident attorney can also collect crucial evidence against the liable party. Because these accidents usually involve millions of dollars as compensation, an attorney can help maximize your claim. They know the damages you may be able to recover and how to prove your eligibility.

Injuries caused by train accidents are usually severe. Many accident victims are usually lucky to survive with a few scratches. If you have suffered serious injuries due to the accident, an attorney can help fight for you as you focus on recovery. The same applies if you lose a loved one in an accident. The last thing you want is to mourn your loved one while fighting legal battles at the same time.

In addition, given the sheer magnitude of these cases, you need an attorney to help create a winning legal strategy. It is not advisable to handle such a case without a strategy; failure to plan is planning to fail.

Keep in mind that the other party will likely handle this case with the seriousness it deserves. They know that if they lose, they will likely have to party with millions of dollars as compensation for their losses. Thus, you should expect them to hire some of the best defense attorneys to fight your claim. If they know how important it is to have legal representation, so should you.

Not every personal injury attorney can handle such a case. But not every attorney is honest enough to tell you this. Therefore, you will need to conduct thorough research before settling for a particular attorney. Here are some important factors to consider:

Experience

You need an attorney with experience handling cases of this magnitude. An inexperienced attorney will not know how to handle the case, which could jeopardize your chances of obtaining a reasonable settlement.

Resources

Opt for an attorney with powerful legal resources. If the attorney lacks access to powerful legal resources, they will not conduct thorough investigations to support your claim.

Results

Choose a law firm or attorney with proven results. Have they handled huge settlements before? For instance, at Morgan and Morgan, we have helped our clients recover more than $13 billion as compensation for various injuries. As a result, we are not easily tempted by any settlement offer on the table. We know what our clients deserve and do not settle for less.

Reputation

A law firm's or attorney's reputation is one of the best ways to determine what to expect after hiring them. For example, Morgan and Morgan is the largest personal injury law firm in the United States. Our attorneys are known for their aggressive and passionate representation in and out of court. It has taken us years to build such a reputation and countless battles with big companies.

We provide our services on a contingency basis. Therefore, you do not owe us anything unless we win.

Our attorneys know how stressful and devastating life can be after a train accident. We understand the pain you or your loved one might be going through after such a traumatizing incident. The last thing we want is to drain you financially, and that is why you only pay us when we win.

It is always advisable to contact a lawyer as soon as you can. Keep in mind that train and railroad accident lawsuits are time-sensitive. In most states, you have between two to three years to file a lawsuit.

If you take too long to contact us, we might not have enough time to investigate your claim. Also, if you let the statute of limitations expire, you will lose your right to sue the other party.

Train and railroad accidents often cause serious injuries. You need an attorney who understands your physical, mental, and emotional pain. You need an attorney to fight for you in and out of court, securing the compensation you need and deserve. Lastly, you need an attorney with the experience, reputation, and resources to fight against big companies and corporations.

If that is what you are looking for, Morgan and Morgan can help. Fill out our free case evaluation form to get started.