Train Accidents

Train Accident Attorneys in Arizona

2.2 Tucson, AZ - James Morgan Killed in Work Accident on Railway at VailHave you sustained injuries in a train accident? Contact the train accident attorneys at ELG today.

Trains are a relatively safe mode of transportation. Train accidents don’t often occur but when they do, they are extremely serious and often deadly. Passengers, railroad workers, and nearby vehicles can all be affected in the case of an accident. According to the Federal Railroad Admiration, over a recent 5-year period, there were approximately 10,000 railroad accidents resulting in 3,600 fatalities and 42,000 injuries in the United States. In Arizona within that same 5-year period, there were 90 total accidents, resulting in 62 deaths and 397 injuries.

At ELG, our dedicated team of train accident attorneys understand how scary and dangerous train accidents can be. We will fight by your side to protect your rights as a victim and keep your best interests in mind. Call us today for your free, no-obligation, and confidential consultation to discuss your train accident.

Why Train Accidents Occur

Trains change tracks and cross roadways on a daily basis. Derailments, collisions with other trains, and other variables can all contribute to a catastrophic train accident. Some of the most common factors that can lead to an Arizona train accident can include:

  • Conductor negligence- Train operators are professionals who are held to a high standard of care due to the importance of their job to safely operate a train and keep their passengers safe. If a conductor or a train operator is tired, under the influence, or distracted, this can all increase the chances of a serious train accident.
  • Train malfunction- Proper train maintenance ensures the safety of braking systems, acceleration, and smooth travel. When railroad companies fail to maintain the equipment on each train, they increase the risk of accidents.
  • Improper railroad maintenance- The U.S. Department of Transportation’s Federal Railroad Administration oversees railroad maintenance programs throughout the country. Improper maintenance and care of tracks, structures, and platforms can all contribute to a train accident.
  • Driver negligence- At railroad crossings, drivers are responsible for adhering to all signals and stopping points. Drivers who stop in the middle of railroad crossings or who fail to stop for passing trains may end up in a deadly accident.

If a driver of a car is being negligent and the train is unable to stop due to a malfunction in the brakes, this could lead to a tragic accident. In this instance, Arizona’s comparative fault laws would come into play. The court would have to determine the plaintiff’s percentage of fault and decrease their compensation by that same percentage.

The emotional and financial burden on Yuma train accident victims can be overwhelming. If you or a loved one were a victim in a train accident in Arizona, our team of train accident lawyers at ELG is here to help. Let us focus on your maximizing your recoverables and compensation while you focus on your physical and emotional recovery.

Who Can be Held Liable in a Train Accident?

Most train accidents can be prevented through proper maintenance of trains and adequately educating train operators. Arizona train accidents can be complicated because there is a line of liability that starts at the train operator and ends at the owners of the railroad. You’re going to need the help of a skilled train accident lawyer to determine who is really at fault when it comes to your case. The line of liability includes:

  • The train operator.
  • The railway owner.
  • The company that manufactured, sold, installed, repaired, or serviced the train or train component.
  • A government entity that owns or operates the railroad.

If a train accident was preventable and the companies in charge did not take proper precautions, certain companies may be responsible to pay for the resulting injuries. Let our committed team of Yuma train accident attorneys at ELG help you determine who’s responsible for your injuries and get your claim started right away. Call us for a free, no-obligation, and confidential consultation with one of our knowledgeable bilingual Spanish-speaking Arizona train accident attorneys today.

Workers’ Compensation vs. Federal Employers Liability Act

Of the numbers of people who are injured in a train accident, a good portion includes railroad workers. When railroad workers are injured, the Federal Employers Liability Act comes into play. Workers’ compensation and FELA differ in the fact that FELA is a fault-based system and also allows train accident victims to pursue compensation for pain and suffering where worker’s compensation doesn’t. FELA awards tend to be higher than workers’ compensation benefits.

If you are a railroad employee and you believe you may be entitled to financial compensation for your train accident injuries under FELA, it is important to understand how FELA differs from workers’ compensation and whether or not you qualify for FELA funds. An experienced Yuma train accident lawyer at ELG can go over the details of your situation with you and help you determine if you qualify for FELA. Contact us today for a free consultation.

What Kind of Damages Can I Claim From a Train Accident?

After being involved in a serious train accident, some victims will need to take time off work, leading to stacking medical and household bills. Whether you’re a passenger of a derailed train, an injured railroad worker, or a family member of the driver of a car that was hit by a train, you have the right to demand compensation for your injuries and losses. Some of the lawsuits you can file if you’ve been a victim of a train accident can include but are not limited to:

  • Negligence – Against the train operator for failing to properly operate the train. Examples of negligence can include a drowsy operator or one who operates the train while under the influence of drugs or alcohol.
  • Wrongful Death – If another person or party’s negligence caused the death of your loved one in a train accident.
  • Defective Road or Rail Design – A lawsuit against the government entity that owns or operates the railroad or roadway. If the train accident was caused by improper rail or road construction, poor maintenance of rail lines or roads, poor rail or road design, or defective rail or road features, then you may have a claim.
  • Liability from Manufacturer – A lawsuit against the company that manufactured, sold, or serviced the train or train part if the accident was caused by a defective train or train part.

You don’t have to suffer through your losses alone. A dedicated train accident attorney can help you file your claim and get you the maximum compensation that you deserve. The above lawsuits can get you compensation for damages such as:

  • Medical Expenses- This includes past medical expenses which start from the date of the accident up to the court date, current expenses, and future expenses. Future medical expenses are calculated based on the amount of care your injuries are going to need later on. These include surgeries, doctor visits, and physical therapy.
  • Lost Wages- Lost wages can be calculated for the time you have to take off work to heal from your injuries, times that you have to leave work early for doctor appointments in the future, and for any wages that you may lose out on from not being able to perform your job as you once used to.
  • Loss of Consortium- Loss of consortium is defined as claim for damages suffered by the spouse or close family members of a person who was severely injured or killed in an accident caused by another’s negligence. Loss of consortium claims are typically filed by a victim’s spouse in most cases.
  • Property Damages- Property damages refer to the “things” that are involved in an accident. If your car was hit by a train, you could get reimbursed for the cost of the repairs of the car or for a new car depending on how badly damaged it was.

Working With a Train Accident Attorney

Train accidents are much less common than car accidents but the results can be much more devastating. Nobody ever expects to be injured in a train accident because they’re generally safer than cars and other modes of transportation. You don’t have to suffer through the added stress of medical expenses and piling up household bills, our compassionate team of train accident attorneys at ELG is here to help. With decades combined experience, our experienced bilingual team of Spanish-speaking attorneys is dedicated to being supportive and excelling in all aspects of the services we provide for our clients. Call us today at (623) 877-3600 for a free consultation with an attorney at your earliest convenience.