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Frequently Asked Questions about Train Accidents
Below are some frequently asked questions about train or railway accidents. For more information, please visit the train accident subsection under “ Practice Areas.”
What claims do I have?
There are several different claims you may have if you or a loved one has been involved in a train or railway accident. First, you may have a claim for negligence of the operator of the train. Second, you may have a claim for negligence against the owner of the railway if the owner is different from the operator of the train. Third, you may also have a claim for negligent entrustment or negligent hiring, training and supervision, if the owner of the railway is different than the operator of the train and the owner knew or should have known that the operator would operate the train in a careless, reckless or negligent manner. Additionally, there may be claims against the manufacturer, retailer or maintenance crews of any defective or malfunctioning parts on the train or railway.
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What can I recover?
If you or a loved one has been injured as a result of a train or railway accident or disaster you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident. Unfortunately these types of claims often involve fatalities to loved ones, therefore the types of damages you may recover could be damages for wrongful death. For more information about wrongful death damages, please see Frequently Asked Questions About Wrongful Death, as well as the wrongful death subsection under “ Practice Areas.”
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Do I need an investigator?
After a train or railway accident has occurred, it is important to investigate the scene of the accident as quickly as possible. At Bachus & Schanker, LLC our team of attorneys and investigators will work as quickly as possible to preserve the wreckage, interview witnesses, evaluate liability, identify jurisdictional issues, and protect you and your family's rights during interviews with authorities and insurance representatives. We will act immediately to determine if the railroad crossing was unreasonably dangerous and what safety procedures were in place at the time of the train accident. It is important to start the evidence collection process as soon as possible. If our investigation is delayed, it is much more difficult to preserve the evidence and locate witnesses needed to reconstruct the train or railway accident and prove what really caused the train crash.
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