A train accident can change the course of a person’s life. Injuries sustained from a severe accident may cause a victim to suffer debilitating injuries that may require costly medical procedures and a long recovery period.
If you or a loved one was injured in a train accident, we recommend contacting our Avondale train accident attorneys at the Phillips Law Group. We have nearly 30 years of experience handling cases for injured victims in Maricopa County and throughout Arizona. We have advocated for over 155,000 clients and obtained more than $1 billion on their behalf.
We welcome the opportunity to discuss your train accident in free initial legal consultation. We can evaluate your situation and determine if you have grounds to pursue compensation for your accident. If you have a valid case and work with our firm, we will not charge upfront costs or lawyer’s fees. This is because we work on a contingency fee basis and only get paid if we help you obtain compensation for your claim.
Call our firm today to set up your FREE consultation: 602-222-222
Do I Have a Claim for My Train Accident Case?
Railroad companies have a legal obligation and are required by state and federal laws to maintain a safe passage for travelers. If a company fails to meet a certain standard of safety, they may be found liable for their negligent actions.
Train accident claims can be difficult to pursue without the knowledge of an experienced attorney. During your free consultation with a lawyer from our firm, we will help determine if you have a valid case by looking into the four elements of negligence, which includes:
- Duty of care ”“ You attorney must establish that the at-fault party had a legal duty to maintain a safe environment, such as by hiring and training workers who are capable of operating the train in a safe manner.
- Breach of duty of care ”“ The at-fault party failed to uphold safety standards by either operating carelessly, negligently or recklessly.
- Causation ”“ Causation determines that there is a direct connection between your injury and the accident. This may be proven with medical documents. That is why it is important to seek medical attention immediately following an accident.
- Damages exist ”“ You, or your attorney, must establish that you suffered some form of damages, such as medical costs or physical pain and suffering.
At Phillips Law Group, we are available 24 hours per day, seven days a week to speak with you and arrange your zero-cost initial consultation.
Fill out aFree Case Evaluation formto get started.
Who May Be Held Liable for the Train Accident?
Train accidents are complex cases because there are multiple parties that may share liability, and there are often other components to consider as well. When our firm takes a train accident injury lawsuit, we thoroughly investigate all contributing factors, as well as the root cause of the accident to determine all responsible parties, which could include:
- Track owner
- Train operator
- Train manufacturer
- Railroad company
- Light rail transit agencies
- Certain state/city operators or administrators
Having a skilled Avondale train accident attorney on your side may be beneficial to your claim. We recommend that you contact an attorney right after the accident, so that our team can begin to investigate and gather supportive evidence at the scene while it is still fresh.
Why wait? Get answers to your legal questions. Call today: 602-222-222
What Is the Value of My Case?
Each train accident case is unique, and it is difficult to determine the exact value of your claim without knowing the unique circumstances of your situation.
However, we strongly recommend that you contact a qualified attorney before you speak to the insurance company about your accident. There is no cost to do this, and insurance companies are, first and foremost, a for profit business, and their employees are trained to find ways to reduce the value of your claim. Some of these tactics may include:
- Telling you a recorded statement is required to move your claim forward; it is not
- Catching you off-guard while recovering to get you to talk about your injuries
- Offering you a lowball settlement offer before you have fully recovered
Our attorneys at Phillips Law Group understand how to maintain the value of your claim while working with the insurance company, and we can communicate with them on your behalf. We also are well-versed in Arizona’s railroad safety laws and know how to apply them to your situation to protect your legal rights.
If you have a valid case, you may be eligible to receive compensation for certain economic and noneconomic damages, such as:
Economic Damages
Compensation for damages resulting in tangible losses, including:
- Past, current and future medical bills
- Rehabilitation costs
- Physical therapy
- Prescription medication
- Transportation costs to doctor’s appointments
- Lost wages
- Loss of earning capacity
- Property damage
Noneconomic Damages
Noneconomic damages cover losses that have no specific value and are therefore more difficult to valuate. Some examples may include:
- Mental anguish
- Physical pain and suffering
- Partial or full disability
- Disfigurement and scarring
- Loss of enjoyment of life
- Loss of consortium or companionship
It rare cases, punitive damages may also be awarded, but only if the train accident was caused by malicious or intentional actions. This type of compensation is meant to punish the at-fault party for their reckless actions and to dissuade others from acting in a similar way.
Our Avondale train accident attorneys are here to help: 602-222-222
Is There a Time Limit to File a Claim in Arizona?
In Arizona, injured victims generally have two years from the date of an accident to file a personal injury claim. However, train accidents are more complicated, because some train companies fall under different jurisdictions. For your claim, this could mean that could have more or significantly less than two years to file a claim.
For instance those injured in an Amtrak train or Valley Metro Rail accident may have less time to file a claim because these rails fall under federal jurisdiction. Since both Amtrak and the Valley Metro Rail are government entities, accident victims are required to file a Notice of Claim within 180 days of the accident and pursue the lawsuit within one year from the date it occurred.
Claims submitted after the deadline will likely result in a dismissal by the court. However, even if you believe you may have missed the deadline, we encourage you to speak with one of our attorneys to learn whether you may still have legal options.
Do not risk your claim. Call our firm to get started today: 602-222-222
How Can a Lawyer from Phillips Law Group Help My Claim?
Train accident cases can be time-consuming and complicated, because they often involve many parties, insurance companies and lawyers. Having an experienced legal team on your side during this process can ease the stress of handling your claim on your own. These are some of the ways our attorneys benefit injured victims:
- Investigate the accident ”“ We have the resources and staff to fully investigate the cause of your accident, including access to industry experts, such as accident reconstruction specialists.
- Gathering evidence ”“ We work with you to gather supporting evidence to strengthen your claim, including medical documentation, an accident report and speaking to eye witnesses.
- Handle communication ”“ We handle communication with all third parties on your behalf and keep you fully informed about the status of your claim.
- Negotiate ”“ We are experienced negotiators and are committed to pursuing maximum compensation for your injuries.
There is nothing to risk and much to gain from having a trusted Avondale train accident attorney evaluate your claim.
Call to set up your zero cost consultation today: 602-222-222
Common Causes of Train Accidents
Train accidents can occur from either equipment failure or human error. Human error could include, failure to apply brakes, speeding or operating in a distracted or impaired manner that could cause the train to derail or collide with a vehicle, pedestrian or another approaching train.
Failing equipment can also lead to a serious accident. Examples of faulty train equipment includes:
- Defective or broken handrails on rail care
- Faulty or poorly lined switches
- Malfunctioning brakes
- Malfunctioning warning lights or bells, sounds and gate arms
- Faulty communication equipment
Trains can cause severe injuries. Even a slight collision can cause a person to suffer immense harm because of a train’s vast weight and sheer size. Injuries from train accidents may include:
- Broken bones
- Fractures
- Traumatic brain injury
- Spinal cord injuries
- Loss of limbs
- Crush injuries
- Sprained/strained joints
- Concussions
- Whiplash
- Death
If you or a loved one has been injured in a train accident, we encourage you to contact one of our licensed attorneys as part of your recovery process. If we find you have a case and you decide to move forward with a lawsuit, we are prepared to protect your rights through every step of the legal process.
Reach Out to an Avondale Train Accident Attorney Today
Your health and recovery are the most important thing after dealing with the trauma of a train accident. Our priority is to make this possible by providing you the legal guidance, protection and resources you need to recover the damages you have suffered.
At Phillips Law Group, we have a strong legal team with nearly 30 years of experience and a proven track record of helping injured clients, recovering hundreds of millions in compensation on their behalf.
Contact our firm today to schedule your free, no obligation train accident consultation with an experienced attorney today. There is zero risk to you because we charge no upfront fees and do not collect any payment for our services unless we first recover compensation for you.
Our main office is about 25 minutes from the BNSF Railway at 3101 North Central Ave., suite 1500 in Phoenix.
Phillips Law Group. Free consultation. No upfront costs: 602-222-222