Railroad vs. Vehicle Wreck
Wichita Auto Accident Lawyers
Just like the Rules of the Road for motor vehicle operators, there are many state and federal laws that govern the conduct of railroad companies. Railroad employees responsible for the maintenance and upkeep of the train and the tracks must adhere to the inspection regulations set forth by the Department of Transportation.
Unfortunately, when there is a train involved in an accident, the injuries are significant and often times deadly. If you are dealing with a train accident, the first thing you must realize is that you are going up against some of the biggest companies in the world that have far superior knowledge about train accidents. You need to even out the situation and get an attorney to help you immediately. There is recourse for you and you are entitled to be compensated for your injuries and/or the loss of a loved one.
Nationally, railroad related accidents are on the rise and there has been a significant increase in fatalities. There are two primary types of train accidents: operational train accidents and external train accidents. The causes are numerous and include negligent operation of the train, negligent equipment maintenance and negligent signage.
Sometimes train conductors are negligent in the operation of the trains by failing to travel at an appropriate speed, by failing to properly sound the horn when approaching an intersection, and by failing to keep a proper lookout and brake. Sometimes train companies are negligent due to the maintenance of the train tracks or by failing to have adequate warnings and signage at intersections of the train tracks and roadways or failure to switch tracks, alert the conductor of upcoming rail traffic, and flawed routing. Further negligence claims arise when the intersection is overgrown with vegetation or there is debris that blocks the view of the automobile driver.
Kansas comparative fault laws apply to these cases just like any ordinary car wreck. It is extremely important to have an experienced and knowledgeable attorney to investigate the potential liability of the train company. Railroads, like trucking companies, have the highest quality and experienced adjusters handling these claims and it is of extreme importance that an injury victim not have contact with these experts that know how to destroy the case before it even gets started. Call us first to get advice on how to handle these types of cases!
Amazingly, the railroad companies will often times try to claim that the driver of the automobile involved in the accident intentionally pulled out in front of the train in a suicide attempt. This unfortunate defense is utilized by the insurance company and railroad industry to try to access any psychological or therapy records in an effort to paint a poor portrait of the driver. Even if a baseless allegation, these records can have a serious and negative impact on the value of a case.
These cases typically involve serious injuries. Assuming proof of negligence on the train company, you are allowed to recover all damages incurred including property damage, past and future medical bills, past and future wage loss, and noneconomic losses such as pain and suffering, mental anguish, disability, disfigurement, loss of time, inconvenience, loss of enjoyment of life, loss of consortium and loss of spousal support, and future noneconomic losses as well.