Trains transport goods and materials around the country, and many people rely on them for transportation. However, as valuable as they are, trains also present the potential for disaster. When accidents happen, trains can cause extreme damage to people and property.
If you have been injured in a train accident, it can be difficult to know what to do next, and you probably have many questions. You deserve compensation for your injuries and expenses, and a Kansas City railroad accident lawyer can help.
At Foster Wallace, our Kansas City personal injury lawyers have recovered over $1 billion for accident victims in need. Contact us today for a free consultation and tell us your story.
Can You Sue a Railroad Company in Kansas City?
You can sue the railroad company if you or a loved one have been injured due to their negligence or the reckless behavior of their employees. This can include cases such as:
- Cars struck by trains at crossings
- Pedestrians struck by trains
- Injuries aboard passenger trains
- Passenger train accidents and derailments
In most cases, accessing railroad tracks at places other than designated areas is trespassing, which may limit your ability to pursue damages. Even so, if you have been hurt by a train, it is smart to speak with a Kansas City railroad accident attorney and discuss your options.
Who Is Liable in a Railroad Accident?
Railroad accidents can be complicated, and determining liability isn’t always easy. Your Kansas City railroad accident lawyer will investigate your accident and determine who is accountable for your injuries. Some of the parties commonly responsible in railroad accidents include:
- Railroad company: Railroad companies may be liable for train accidents if they fail to carry out inspections and maintenance correctly or if they employ unqualified or poorly trained conductors.
- Train operators: Conductors, switchmen, and foremen who operate their trains under the influence of drugs or alcohol, fail to follow safety procedures, or operate recklessly by speeding and other negligent actions can be held responsible.
- Manufacturers: Parts and equipment manufacturers may be held liable when defects cause major accidents and injuries.
- Maintenance companies: When a third party is responsible for repairs and maintenance, it can be liable for accidents caused by worn or faulty parts.
- Vicarious liability: Under vicarious liability laws, the railroad company may be held responsible when a conductor or other railroad employee is negligent.
Contact our Kansas city personal injury lawyers now.
How Much Is a Railroad Accident Worth?
The compensation you may receive from a railroad accident depends on the extent of your damages. Every case is different, and the only way to be sure you get what you are entitled to is with the assistance of an attorney.
Our railroad accident lawyers in Kansas City can evaluate your case and calculate your maximum compensation amount. While this is different in every situation, some of the economic damages you may be entitled to include:
- The costs associated with ambulance services and emergency room care
- Medical expenses like doctor visits, procedures, surgeries, and specialist visits
- The costs of medications necessary after your accident
- Physical and occupational therapy costs
- Any projected medical costs like future surgeries, ongoing therapy, and medications
- Lost wages and income for the time you are unable to work
- Property damage such as the cost of repairing your vehicle
You also may be entitled to non-economic damages for things like pain and suffering, emotional distress, and mental anguish. Your attorney can advise you whether it is possible to recover these damages.
Punitive Damages
In rare circumstances, a court may award punitive damages in a railroad accident case. This is usually because the defendant has behaved in an extremely reckless or illegal manner. The court hopes to dissuade the defendant from acting in similar ways in the future.
Punitive damages may be involved in railroad accident cases when the defendant’s extremely negligent actions impacted a large number of people. Sometimes, a defendant may be more eager to settle a case before it ever goes to trial if they are concerned about punitive damages.
Types of Train Accidents
Train accidents that cause injuries can vary in nature, but generally, they involve collisions, derailments, and other incidents. Some common types of train accidents that can lead to injuries include:
- Train collisions: Head-on and rear-end collisions are usually the result of a major failure. One train may be on a track where it doesn’t belong, or it may experience a failure to brake or accelerate.
- Train derailments: Occurring when a train goes off the tracks, they can cause major injuries, especially when they involve passenger trains.
- Pedestrian accidents: Train passengers may fall from platforms while waiting to board or be struck by oncoming trains. In some cases, people who are trespassing on tracks may be hit.
- Collisions with vehicles: Trains can strike cars, trucks, motorcycles, or ATVs that attempt to cross tracks.
- Collisions at railroad crossings: Collisions at crossings can be caused by defective warning systems and barriers.
- Signal failures: Human or mechanical errors in the signaling protocols can lead to tremendous accidents
- Mechanical failures: Mechanical issues such as faulty brakes can cause collisions and injuries.
Our personal injury lawyers can help you understand your rights and advise you on how to pursue compensation for your injuries.
Get Help from a Kansas City Railroad Accident Lawyer
If you have been in a railroad accident, you may have serious injuries that are going to require months to heal. The railroad’s insurance policy should have you covered, but you may find they aren’t interested in helping with your hardships.
Whether you have been hit by a train or injured in an accident as a passenger, you deserve compensation. Our Kansas City railroad accident lawyers can help you fight to get the money you need to pay your bills and begin to get your life back on track.
Our team at Foster Wallace is ready to advocate for your rights. Contact us today for a free consultation and find out how we can help.
