Train accidents are rare, but the damage can be devastating. Train passengers, pedestrians, drivers, bicyclists and people who live near train tracks could all be at risk for serious injury.
If you or a loved one suffered an injury from a train accident, you can discuss the situation with a Prescott train accident attorney at Phillips Law Group. If you have a valid case, you may be eligible to seek compensation for your damages. We offer a free consultation and there is no obligation to hire us to represent you.
Phillips Law Group has been protecting the rights of personal injury victims throughout Arizona for nearly three decades. Our attorneys have recovered over $1 billion on behalf of our clients. Our founder, Jeffrey Phillips, is a member of the National Trial Lawyers Association ”“ Top 100. He has recovered verdicts in several Arizona counties including Yavapai, Maricopa, Navajo, Mohave, Pinal, Pima and Gila.
Call us at 602-222-2222 anytime to schedule your free legal consultation.
How Do I Know if I Have a Claim?
Since no two accidents are the same, our lawyers need a chance to carefully review the details of the accident and how your injuries happened.
There are generally four elements of negligence that must be proven in a train accident case:
Duty of care ”“ The at-fault party owed you a duty to take reasonable care to keep you safe. For example, railroad companies have a duty of care to make sure trains are working properly so they can safely transport passengers.
Breach of duty ”“ The at-fault party failed to carry out the duty of care, as a reasonable individual would have in the same situation. For example, if a train was overdue for inspection and the brakes failed and caused a crash, your lawyer may be able to prove the railroad company breached a duty of care.
Causation ”“ The defendant’s actions or lack of action directly caused your injuries or damages. Using the example above, you would likely need to show an inspection would have revealed the faulty brakes and resulted in repairs that would have prevented the accident.
Actual damages ”“ You must show proof you suffered damages, such as medical expenses, lost wages, pain and suffering, etc.
If you have any questions about your potential case, our knowledgeable team of legal professionals is ready to provide answers. Call our firm today for a free consultation.
Our Prescott train accident attorneys know how to determine who may be liable for your accident. If necessary, we are prepared to consult industry experts to help determine why the accident happened.
Parties commonly held liable for train accidents include:
Railroad company
Train operator
Conductor
Track owner
Train or parts manufacturer
Light rail transit agencies
City/state operators or administrators
Railroad companies have a legal obligation to safely transport their customers, which includes a duty to build and maintain safe train stations and crossings for pedestrians and other motor vehicles.
Phillips Law Group is here to help answer any questions you may have about your case.
Compensation for Train Accident Victims
You may be eligible to pursue various damages from the accident, such as:
Past, present and future medical expenses
Lost wages from missing work
Physical Pain and suffering
Emotional anguish
Permanent scarring
Partial disability
Loss of companionship
Loss of enjoyment of life
The damages that may be available depend on the specifics of your case. Generally, the more severe your injuries, the more your case is worth. If your lawyer can prove intentional negligence, you may be eligible to pursue punitive damages to punish the party at fault for the accident.
How Much Time Do I Have to File a Train Accident Case?
Most personal injury victims, including train crash victims have two years from the date of the accident to file a claim for compensation. This is stated in Arizona’s personal injury statute of limitations. If you do not file your claim on time, you run the risk of it being dismissed or rejected.
If your train accident occurred on a commuter train, you may have a claim against a government entity, so there is a much shorter deadline. You must provide notice to this entity within just 180 day.
There could be a different deadline for your claim than those above, depending on the specifics of your claim. The clock could already be running, so it is important to contact an experienced lawyer to discuss the situation as soon as possible.
Benefits of Hiring a Train Accident Lawyer
There are several reasons why hiring a train accident lawyer may be a great benefit for your case. Usually, accident victims who hire attorneys recover more compensation than those who do not.
The Prescott train accident attorneys at Phillips Law Group have extensive knowledge of laws and safety regulations that may apply to these cases and can quickly research them when building a case.
Our licensed lawyers and support staff know how to investigate these kinds of cases. There are several steps we may take to help build a robust case on your behalf, which may include:
Obtaining black box data from the train
Taking pictures and gathering other evidence
Interviewing witnesses
Reviewing the accident report from the National Transportation Safety Board
Consulting with industry experts, if necessary
Going over your medical records, with a medical expert, if necessary, to understand the full extent of your injuries
If you hire our firm, we are prepared to deal with the insurance companies on your behalf. We know how to defend injury claims from insurance companies looking to deny or devalue the victim’s damages.
If an insurance company contacts you after the accident, which often happens, be very careful with what you say. You are under no obligation to answer their questions and can refer them to your attorney. It is generally a bad idea to accept a settlement offered early in the process, as it may be worth much less than the full value of your claim.
Our team of legal professionals are focused on aggressively pursuing maximum compensation for personal injury victims.
Learn more about how we may be able to assist you by calling 602-222-2222 .
What Causes Train Accidents and the Associated Injuries?
Most train accidents are caused by either human error or equipment failure. An example of human error would be a train conductor going beyond the speed limit, not activating the brakes on time, or by operating the train while intoxicated or under the influence of drugs.
Examples of faulty equipment could include:
Malfunctioning brakes
Broken or defective rails
Faulty or poorly-lined switches
Faulty communication equipment
Malfunctioning warning lights, bells and gate arms
Broken or defective handrails inside rail cars
These and other examples of negligence can result in many severe injuries, including:
Sprained/strained joints and ligaments
Fractures
Broken bones
Concussions
Crushed injuries
Internal bleeding
Spinal cord injuries
Traumatic brain injuries
Loss of limbs
Death
Our Prescott train accident lawyers understand how a serious accident can be a life-changing experience. We are prepared to handle the entire legal process on your behalf so you can focus on your recovery.
Schedule a Free Consultation with a Prescott Train Accident Lawyer
If you have a valid claim, our trusted legal team is prepared to thoroughly investigate and build a robust case on your behalf. We have detailed knowledge of laws applying to train accident claims and the other complex issues that are often involved.
We charge no upfront fees and you are not obligated to hire us to represent you after meeting with us. Unless you receive compensation, we do not charge for our services.
Founder Jeffrey Phillips is a Leaders forum member of the American Association for Justice and has served as lead counsel in more than 40 jury trials.
