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Colorado Train Accident Lawyers

Train Accidents and Injury

As of 2003, there were nearly 550 railroads in the United States, and in 2004, it is estimated that there were more than 890 railroad fatalities and nearly 8,500 railway injuries in the United States, according to the Bureau of Transportation Statistics. In 2005, the Federal Railroad Administration estimates that there were more than 11,000 railway-crossing accidents nationwide. If you or someone you love is injured in a train accident, a lawyer at our Colorado firm will help. An experienced Train Accident lawyer at Bachus & Schanker, LLC can review your claim and explain your legal rights.

Types and Causes of Railroad Accidents

The most common types of train accidents are collisions with other trains, collisions with passenger vehicles, and single train accidents. These types of accidents may be caused by improperly maintained tracks, derailment, mechanical failure, or automobile driver inexperience. Absent or inadequate warnings at railroad crossings can also contribute to collisions. According to the Federal Railroad Administration, more than half of all railroad accidents occur at unprotected crossings and over 80 percent of railroad crossings don’t have adequate warning devices. A train accident attorney at our Denver, Colorado firm can help victims from across the state and the country determine the cause of the accident.

Train Accident Investigation

Train or railroad accident law can be complicated, and as a result it is important to retain a lawyer prepared to help you through the process of determining what really happened and who is responsible. After an accident has occurred, a train accident attorney at our experienced firm will work as quickly as possible with our legal team 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. At Bachus & Schanker, LLC, 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 that our attorney and investigators be able to start the evidence collection process as soon as possible. The longer it takes to begin our investigation, the more difficult it is to locate and preserve the evidence and witnesses needed to reconstruct and prove what really happened.


Frequently Asked Questions

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.

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.”

What Can I Recover?

If you have been injured in a motor vehicle accident, including an automobile accident, semi-Truck Accident, Motorcycle Accident, Bicycle Accident, drunk driving accident, and even a Pedestrian Accident, 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.

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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