Train Accidents Injury Lawsuit Center
Welcome to the first and last place you need to go to learn about train accidents and lawsuits. There are many factors to consider when suing for a bad wreck. This site explains the steps. But it also covers the many types of operations involved in rail transport. First, understand that passenger train smashup ups on U.S. railroads raise issues of common carrier liability.
Cargo transport companies get hailed into court when they violate their standard duty to stop derailments. In fact, that could result in toxic chemicals, or people outside the train’s safety getting killed, etc.
Passenger trains, on the other hand, have this heightened duty of care to keep the paid travelers safe while aboard the vehicle. These common carriers are typically the owners, operators, and managers of the vehicles. They become liable in court when someone on the train dies or is hurt. This is because the catastrophe took place when the responsible carrier for hire failed to abide by their standard of high care.
Even the tiniest bit of negligence can be enough for a train injury lawsuit. Also, Ehline Law deals with these cases all the time. And right now, the firm is providing these free resources. Hopefully, we can assist you in your endeavors. In fact, a lawyer that knows how to file a lawsuit can effectuate your negligence claims.
Common Carrier Status Covers More than Just Train Crashes.
In addition to the terrible mishaps on trains from strikes and derailments, the common carrier status of the train also opens it up to passenger claims. So this includes things like a waiter spilling hot coffee, liquids left on the floor and common walkways. Also, areas leading to a bad, trip, slip and fall, food poisoning, and dangerous falls are often compensable.
If due to sudden and irresponsible braking by the engineers, it could become much worse. Of course, regular liability in tort also applies to those outside the locomotive. So it could be a defective railroad crossing arms, or traffic signals that caused the collision.
The most significant protection is a lawyer and keeping your moth shut. Only wait until you get the “all clear.” The next consideration is hiring a lawyer. Most of all, when government entities are involved, you need a rapid response attorney. It could be there is an overlapping contract, or federal and state law conflict.
So your attorney must understand the chance of a shortened statute of limitations or time to sue. If the “Tort Claims Act” comes into play, be prepared for a battle. Also, be ready for procedural nightmares. These can ruin your case before you get it before a trier of fact. This is because you are suing the city or county.
Assuming the Tort Claims Act applies, you normally have six months to file a lawsuit. Failure to do so means you can’t sue. In fact, you are left to fend for yourself. This is because the government has sovereign immunity in many cases. Usually, the only exceptions are when the legislature carves out an exception, as they have done here. The Government Code contains many provisions dealing with claims against municipalities.
But to make it easy, for example, some private companies contract with the government. So there may be state actors with state deep pockets to cover your injuries. But you really need legal assistance to understand all these nuances and rules. So if hurt, the smart move is to call us or fill out our form in the sidebar.
Once you do that, just relax and await our prompt reply. Get a free case review by a lawyer who specialists in lawsuits against train companies. Also, call us free at (888) 400-9721.