Have You Been Seriously Injured in a Train Accident?
Trains are regulated by the U.S. Department of Transportation’s Federal Railroad Administration (FRA). When engineers, maintenance workers or transit authorities fail to abide by these regulations, serious accidents can occur. According to the FRA, there are nearly 2,000 train accidents in the U.S. annually. More than 70 percent of those accidents are derailments. Train accidents are devastating and can easily result in serious injury or death. If you or a loved one has been injured or if you have lost a family member in a train accident, you need to speak to a Michigan train accident attorney who can help you understand your legal options for filing a claim and recovering damages.
Train derailments typically occur when a train is traveling at too great a speed, brakes are not properly applied, by defects in the track or when a train collides with something on the track. Derailments of passenger or commuter trains typically result in numerous injuries and often the death of some passengers. Derailments are completely avoidable and are caused by the negligent and careless actions of railroad operators.
Common Causes of Train and Railroad Accidents
According to accident reporting and investigations conducted by the FRA as well as the National Transportation Safety Board (NTSB), the most common cause of train accidents is human error which accounts for thirty-six percent of all rail accidents. Track defects cause thirty-four percent of all accidents, “miscellaneous” factors account for seventeen percent of all train accidents, equipment defects account for twelve percent and signal defects are two percent.
Human Error: Thirty-four percent of all train accidents are caused by human error. In a majority of cases, this involves the engineer failing to comply with restricted speeds or brake when necessary, and other avoidable engineer mistakes.
Improper Railroad Maintenance: The track must be properly maintained to avoid serious accidents and derailments. Crossties must be in place, switches must be accurately lined, and other track components must be constantly monitored so that worn or broken parts can be replaced.
Signal Defects: The electrical systems that control the railroad signals must be in good working order to ensure safe train operation. This includes railroad crossing gates, flashing warning lights and related signals.
Train Equipment Defects: A large number of accidents take place because the train itself was not in good working order. Regular maintenance of a train’s complex mechanical and electrical systems is essential.
Train companies also have an obligation to properly train and perform background checks on their employees. Negligence by a conductor or train company may provide the basis for a personal injury or wrongful death lawsuit if you or someone you know has been injured or killed in a train accident.
Train and Railroad Injury Claims
The personal injury attorney of Baldwin Legal Services PLLC has served the needs of accident victims in complex negligence litigation. If you need advice about your legal options in the aftermath of a serious railroad accident in Michigan, please call 877-886-1441 or contact us online to schedule a free consultation.
Our law firm’s record of success in complex accident cases depends on several core skills and values that characterize our approach to client service:
- Experience and capacity for a thorough investigation of fact issues relating to causation, liability and damages
- Ability to identify and pursue multiple defendants, often under novel theories of liability or insurance law
- Commitment to personalized client service based on the specific needs and objectives of the people we serve
- Outstanding litigation and trial skills on disputed matters of fact and law
In public transportation accident cases, we focus on personal injury and wrongful death claims arising from the most serious or catastrophic cases, especially those resulting in catastrophic brain or spinal cord injuries. We devote just as much attention to the development and presentation of evidence related to damages claims as we do to the facts necessary to establish the fault and liability of multiple defendants.
Why Seek a Train Accident Lawyer?
Railroad companies often have a large and powerful legal department working for them. Also, railroad companies are notorious for denying responsibility, particularly at railroad crossings, making this form of litigation a complicated arena. A skilled train accident lawyer will tirelessly analyze the facts of your case to determine the degree to which the railroad company was responsible, what sorts of compensation you may receive in a settlement or trial, and ultimately, will fight on your behalf to ensure that your rights are upheld, no matter how uphill the battle may seem.
The insurance company wants to settle your case as soon as possible – and for as little money as possible. Our personal injury attorney has a Master of Laws (LL.M.) in Insurance Law and knows how to protect you from the insurance companies and to present your claim in the best way possible to ensure your rights are protected and that you get the maximum compensation available. Recovering your damages starts with an evaluation of your case. Please call 877-886-1441 or contact us online to schedule a free consultation. We are available 24 hours a day and 7 days a week. Home and hospital visits are available upon request.