Some people rarely think about boarding a train. To them, trains are simply a classic mode of transportation. However, many Virginians use trains on a regular or daily basis, not to mention interacting with them at railroad crossings.
Whether you are a daily commuter on the Virginia Railway Express to and from D.C. or decide on using Amtrak for vacation, a railroad accident is unexpected. We recommend talking with our railroad accident lawyers at Lugar Injury Law about your rights and options. Depending on who was at fault for the accident, the law may entitle you to compensation.
Common Railroad Accidents
At Lugar Injury Law, a train accident attorney can represent you after:
A derailed train can be a minor or catastrophic incident. If you were on board the train when it left the tracks, you might have suffered serious injuries. Or, you may have been a pedestrian or in a vehicle affected by the derailment. Whatever your circumstances, talk with us about investigating the derailment and pursuing compensation.
Pedestrians Struck by Trains:
We have represented numerous people and surviving relatives of individuals struck by trains. These accidents may occur when railroad crossing warnings and other equipment are not present or malfunction. However, these claims can become complicated if the railroad owner or train operator argues the victim was trespassing.
Railroad Crossing Accidents:
Vehicle and train collisions most commonly occur at crossings. These incidents might be the driver?s fault if they ignored warning signals. However, a lack of warnings or malfunctioning equipment could be to blame.
Other Vehicle-Train Collisions:
Attorney Cerid Lugar will handle all types of train and vehicle collisions, wherever or however they occur.
Multiple Train Collisions:
You may have been hurt when one train collided with another. Train collisions are serious and preventable incidents. Call us to discuss who is responsible for the accident and your injuries.
The Main Causes of Rail Accidents
Train accidents may occur due to:
- Train operator, conductor, or engineer error
- Railroad or train employee error
- Equipment failure or malfunction
- Defective train equipment
- Cargo overloads
- Shifting cargo
- Unsecured cargo
- Crossing equipment failure or malfunction
- Track or switch failure
- Defective track
- Obstacles on the tracks
We Thoroughly Investigate Train Accident Causes
One of the most challenging and frustrating aspects of sustaining a railroad injury is that you likely do not know what happened, why it happened, or who is to blame. Discovering that information requires working with a train accident lawyer who will thoroughly investigate the accident.
Lugar Injury Law will:
- Independently gather and review all the available evidence;
- Assess the railroad or train company?s conclusions;
- Examine the results of any state or federal investigations into the accident; and
- When necessary, hire experts who can independently analyze the evidence.
Through an independent investigation, we can identify the liable party and appropriately focus on your claim for compensation.
Common Train Accident Questions
How many car-train accidents happen a year?
It can be difficult to account for all of the vehicle-train collisions that occur each year. However, in Virginia, there were 26 public railroad crossing accidents and 12 private railroad crossing accidents in 2018. The same year, there were a total of 2,217 highway-rail crossing incidents in the U.S., according to the Federal Railroad Administration.
What causes a train to derail?
Derailments can occur for a variety of reasons, including if a part of the train or track fails. They can occur due to operator error, such as if a train conductor takes a turn faster than they should. Trains also often derail during collisions with other trains or vehicles.
Who is responsible for train-related accidents?
Several parties can be responsible for railroad accidents, including the company that owns and operates the train, the company that owns and maintains the tracks, a third-party maintenance provider, the manufacturer or distributor of a piece of equipment, a motorist, or a pedestrian.
What is FELA?
FELA is the Federal Employers Liability Act. This law allows railroad employees to pursue compensation after suffering injuries due to their employer or coworkers’ negligence.
We Handle Railroad Injury Claims
If you were injured in a train accident, do not hesitate to call our train accident attorneys at Lugar Injury Law for help. We are here to represent pedestrians, motorists, and train passengers injured in railway accidents.
We will thoroughly investigate what happened to identify who is liable for your injuries. By determining fault and liability, we?ll have the information we need to pursue compensation, either through an insurance claim or lawsuit.
We will also work closely with you, your medical providers, and experts to determine the value of your physical, emotional, and financial injuries. Calculating your damages is an essential step in the process. Without a clear picture of what this accident has cost you, and how it impacts your future, you cannot be sure a settlement offer is right for you.
Pursuing Compensation Under FELA
When you suffer an injury as a train or rail worker, you should talk with our railroad accident lawyers. Depending on the facts of your case, the Federal Employers? Liability Act (FELA), Federal Safety Appliance Act (FSAA), or the Boiler Inspection Act (BIA) may apply. One of our attorneys will thoroughly investigate and analyze your circumstances and advise you of the federal and state laws that impact your rights and options.
FELA is an important law for rail and train workers. If you are injured at work because of a coworker or your employer?s negligence, then FELA allows you to sue for compensation. This is because FELA creates workplace standards for railroad and train employees.
Under FELA, your employer is required to provide you with a reasonably safe work environment, equipment and tools, safety equipment, training, and supervision. Failing to maintain a safe work environment makes your employer liable for your injuries.
Employer negligence can include:
- Lack of appropriate safety gear and equipment
- Inadequately maintained equipment and work environment
- Inadequate staffing
- Poorly trained and inexperienced staff
- Inadequate supervision
- Inadequate workplace inspections
- Health and safety regulation violations
Compensation for Railroad Accident Injuries
If you wish to pursue a train accident injury claim, talk with a railroad accident lawyer about compensation for your past and present:
- Medical Expenses
- Lost Income
- Physical Pain and Suffering
- Emotional Distress
- Scarring and Disfigurement
- Reduced Earning Potential
- Reduced Quality of Life
Call Our Railroad Accident Lawyers Today
Whether you were injured as a train passenger during a derailment, in a car-train collision, or as a railroad worker, Lugar Injury Law is here to help. We will use our knowledge of federal and Virginia law, as well as our experience with train injury claims, to fight for the maximum compensation possible for your injuries.