The operators and owners of the train, railroad or train station; drivers of other vehicles; and even train passengers can all be defendants in train accident litigation.
If you’re injured in an accident involving a train, you can pursue financial compensation from anyone whose unreasonable actions caused your injuries. In the context of train accidents, this can be several different people or entities, including the following:
- The train operator for failing to safely transport you to your destination, failing to protect you from the conduct of other passengers, or failing to abide by state and federal safety regulations (if that breach caused your injuries).
- The railroad company that owns the train tracks for failing to maintain the railroad in a safe condition or failing to meet state and federal safety guidelines (if that breach caused your injuries).
- The owner and operator of the highway crossing or station at which you were injured for negligently maintaining it or not meeting all regulatory requirements. These could be public entities such as local governments.
- The driver/owner/operator of a car, truck, or other motor vehicle that caused an accident with the train you were riding on as a passenger if the collision caused your injuries.
- Another train passenger if he or she injured you while riding on the train.
This is just a list of the most likely defendants you could face in train accident litigation; there might be other responsible parties whom you could pursue an action against. These could be individuals, private companies, or public entities. The paramount considerations are:
- Did someone act negligently?
- Were you injured?
- Did their negligence cause your injuries?
What can I Recover if I was Injured in a Train Accident?
The purpose of filing a lawsuit is to recover monetary damages to compensate you for your losses. Because no one can reverse your physical injuries and make you whole again, the only recovery available to you through civil litigation is financial, but first you have to show that you had monetary damages. These are the primary damages that train accident victims receive compensation for in court:
- Medical bills as a result of emergency medical treatment, physicians’ services, surgeries, medications, physical therapy, and all related expenses.
- Lost income from being unable to work due to injuries
- Physical disability and disfigurement
- Long-term pain and suffering
- Wrongful death when a deceased victim’s dependents and other family members incur medical and burial expenses and loss of future financial support.
Wondering who is Liable for Your Train Accident Injuries?
Rosenfeld Injury Lawyers LLC represents victims of all kinds of train accidents. These accidents are among the most complicated to litigate because it can be challenging to identify the parties legally at fault for your injuries. Our law firm specializes in identifying the responsible parties and making sure they pay for their negligence. Call our law offices today to begin the process of receiving the recovery you and your family deserve.