Can I Sue if I Was Injured in a Railroad Accident?

In 2023, more than 21,100 train accidents took place at highway-railroad grade crossings. These accidents frequently leave victims with devastating financial, emotional, and physical injuries. As with any personal injury accident, if it was the result of another person’s wrongdoing or negligence, you are entitled to compensation.  If you have been seriously injured in a train accident, you deserve to work with an experienced Norfolk train accident attorney from Shapiro, Washburn & Sharp, who can thoroughly explain your rights and your options for pursuing financial compensation.  

Are There Different Kinds of Train Accidents?

Train accidents can arise from any number of different factors, such as inclement weather, human error, and mechanical errors. The train accidents that occur most often are: 

  • Crossing Accidents: These occur when a train collides with a vehicle at a railroad crossing. They are usually the result of either mechanical failure or driver negligence. 
  • Derailments: A derailment is when a train leaves the tracks, usually due to defective equipment, inadequate track maintenance, or operator error.
  • Collisions: When two trains collide, it is often caused by malfunctioning equipment or the operator failing to obey safety protocols. 

Can I Sue for a Train Accident? 

Yes, if another party’s negligence or malfeasance caused your train accident and subsequent injuries, you are eligible to bring a lawsuit against them. If you plan on filing a train accident lawsuit, it is important to partner with an experienced Norfolk train accident attorney who is familiar with the complexities of train accidents and knows how to build a convincing case that ensures you receive fair compensation for your damages.  

Who is Liable for My Train Accident? 

Given the multiple parties that are often involved, determining liability in a train accident can be tricky. Like any other accident, the party or parties deemed liable, such as a worker or operator who breached their duty of care, will vary based on the circumstances. In some situations, the rail company itself can be held liable for its employee’s actions, as well as if the accident was caused by faulty equipment or negligent track maintenance. Additionally, the manufacturer of a part used on the train could also be held liable for an accident if their product malfunctioned or was found to be defective.  

What Steps Should I Take After a Train Accident?

After being injured in a train accident, there are steps you can take to protect your right to compensation, such as:  

  • Staying at the accident scene and, if necessary, notifying emergency personnel 
  • Exchanging names and contact details with others involved in the accident 
  • Contacting your insurance company and filing a claim as soon as you are able
  • Take pictures of any debris, property damage, visible injuries, and anything else you suspect may have contributed to the accident 
  • Seeking prompt medical attention even if you think you only sustained bumps and bruises. Many injuries can worsen over time. This will also help show a direct link between the crash and your injuries  

What Damages Am I Eligible for After a Train Accident?  

Depending on the facts of your train accident, you may be eligible to pursue financial compensation for your:

  • Medical expenses: These include hospitalization, prescription medications, surgeries, physical rehabilitation, and any other medical costs arising from your injuries
  • Lost wages: You may be eligible for lost wage damages if your injury caused you to miss work or is so severe you are unable to return to work
  • Pain and suffering: These cover the physical and emotional pain caused by your injury;
  • Damage to property: This covers any personal property that has to be repaired or replaced due to the accident

Shapiro, Washburn & Sharp

If you were injured in a train accident, reach out to the Norfolk train accident attorneys at Shapiro, Washburn & Sharp as soon as possible. We can investigate your accident, and collect witness statements, medical records, and other vital evidence that supports your negligence claim. We have been achieving successful results in train accident cases since 1985, such as the $60 million settlement we won for a client who was badly injured when a train came off the tracks and plowed through the gas station where he was working. Call (833) 997-1774 to schedule your free case evaluation or fill out our online contact form. Our offices are in Norfolk, Virginia Beach, Hampton, and Portsmouth.


Tags: , , ,