Why You Need a Train Accident Lawyer
Trains transport goods and materials around the country, and many people rely on them for transportation. However, as valuable as they are, trains also present the potential for disaster. When accidents happen, trains can cause extreme damage to people and property.
If you have been injured in a train accident, it can be difficult to know what to do next, and you probably have many questions. You deserve compensation for your injuries and expenses, and a Kansas City railroad accident lawyer can help.
At Foster Wallace, our personal injury attorneys have recovered over $1 billion for accident victims in need. Contact us today for a free consultation and tell us your story.
Our Track Record
Foster Wallace Personal Injury Lawyers fights for clients who have been wronged or injured, and we have the track record to prove it. Explore our case results to learn how our dedicated personal injury lawyers can advocate for your rights and work to obtain maximum compensation.
$2,300,000 settlement for man injured in a motorcycle accident
$1,900,000 Settlement for Johnson County Car Accident.
$1,500,000 Settlement for Pedestrian Accident in Mission, Kansas
$250,000 settlement for Cass County, Missouri wreck
Can You Sue a Railroad Company?
You can sue the railroad company if you or a loved one has been injured due to their negligence or the reckless behavior of their employees. This can include cases such as:
- Cars struck by trains at crossings
- Pedestrians struck by trains
- Injuries aboard passenger trains
- Passenger train accidents and derailments
In most cases, accessing railroad tracks at places other than designated areas is trespassing, which may limit your ability to pursue damages. Even so, if you have been hurt by a train, it is smart to speak with a Kansas City railroad accident attorney and discuss your options.
Who Is Liable in a Railroad Accident?
Railroad accidents can be complicated, and determining liability isn’t always easy. Your Kansas City train accident lawyer will investigate your accident and determine who is accountable for your injuries. Some of the parties commonly responsible for railroad accidents include:
Railroad company
Railroad companies may be liable for train accidents if they fail to carry out inspections and maintenance correctly or if they employ unqualified or poorly trained conductors.
Train operators
Conductors, switchmen, and foremen who operate their trains under the influence of drugs or alcohol, fail to follow safety procedures, or operate recklessly by speeding and other negligent actions can be held responsible.
Manufacturers
Parts and equipment manufacturers may be held liable when defects cause major accidents and injuries.
Maintenance companies
When a third party is responsible for repairs and maintenance, it can be liable for accidents caused by worn or faulty parts.
Vicarious liability
Under vicarious liability laws, the railroad company may be held responsible when a conductor or other railroad employee is negligent.
What Our Clients Say
At Foster Wallace, our clients’ voices speak to the heart of what we do. Discover their stories and see the impact we’ve made in their lives—and how we can do the same for you.
We cannot adequately convey our appreciation to you for all that you did on our behalf. Your diligence and persistence on all of the details...
Conscientious, thorough and committed to whatever situation he is working on. With many years of experience working with Michael, I can comfortably say that he...
One of the best in the field! Michael Foster is a rising star in the field of litigation. The personal attention he provides to his...
I reached out to three attorneys who turned down my case before I was connected with Foster Wallace. They settled my case for over $1.4...
Customer service acumen, reliability, attention to detail, and understanding of complex legal issues. As a member of the Kansas City Chiefs front office, I had...
Michael assisted me with a dog bite claim. He always kept me up to date throughout the process and made sure I was on the...
I have worked with several lawyers in the past, yet this is the first time I’m excited to write a review. Mr. Wallace has taken...
Thank you Mike and Brian. You did a great job taking car of the car wreck. They are friendly and all ways listens to what...
Michael Foster is hands down the best attorney. He was responsive, professional, and most importantly he guided me throughout the entire process and broke down...
I contacted Foster Wallace a few weeks ago to get some advice about a potential case my fiancee and I had. Initially, we were seeking...
Brian and Michael were terrific in helping me in my case. They made the process extremely simple, which made the situation way less stressful. They...
After hiring Mr. Wallace to take care of some difficult legal matters I have been struggling with for years, it became apparent that he was...
Get Help From a Kansas City Railroad Crash Lawyer
Whether you have been hit by a train or injured in an accident as a passenger, you deserve compensation. A Kansas City railroad accident lawyer can help you fight to get the money you need to pay your bills and begin to get your life back on track.
How Much Is a Railroad Accident Worth?
The compensation you may receive from a railroad accident depends on the extent of your damages. Every case is different, and the only way to be sure you get what you are entitled to is with the assistance of an attorney.
Our train collision lawyers in Kansas City can evaluate your case and calculate your maximum compensation amount. While this is different in every situation, some of the economic damages you may be entitled to include:
- The costs associated with ambulance services and emergency room care
- Medical expenses like doctor visits, procedures, surgeries, and specialist visits
- The costs of medications necessary after your accident
- Physical and occupational therapy costs
- Any projected medical costs like future surgeries, ongoing therapy, and medications
- Lost wages and income for the time you are unable to work
- Property damage such as the cost of repairing your vehicle
You also may be entitled to non-economic damages for things like pain and suffering, emotional distress, and mental anguish. Your attorney can advise you whether it is possible to recover these damages.
Punitive Damages
In rare circumstances, a court may award punitive damages in a railroad accident case. This is usually because the defendant has behaved in an extremely reckless or illegal manner. The court hopes to dissuade the defendant from acting in similar ways in the future.
Punitive damages may be involved in railroad accident cases when the defendant’s extremely negligent actions impacted a large number of people. Sometimes, a defendant may be more eager to settle a case before it ever goes to trial if they are concerned about punitive damages.
Types of Train Accidents
Train accidents that cause injuries can vary in nature, but generally, they involve collisions, derailments, and other incidents. Some common types of train accidents that can lead to injuries include:
- Train collisions: Head-on and rear-end collisions are usually the result of a major failure. One train may be on a track where it doesn’t belong, or it may experience a failure to brake or accelerate.
- Train derailments: Occurring when a train goes off the tracks, they can cause major injuries, especially when they involve passenger trains.
- Pedestrian accidents: Train passengers may fall from platforms while waiting to board or be struck by oncoming trains. In some cases, people who are trespassing on tracks may be hit.
- Collisions with vehicles: Trains can strike cars, trucks, motorcycles, or ATVs that attempt to cross tracks.
- Collisions at railroad crossings: Collisions at crossings can be caused by defective warning systems and barriers.
- Signal failures: Human or mechanical errors in the signaling protocols can lead to tremendous accidents
- Mechanical failures: Mechanical issues such as faulty brakes can cause collisions and injuries.
Our Kansas City railroad wreck lawyers can help you understand your rights and advise you on how to pursue compensation for your injuries.
Get a FREE Consultation from Our Train Accident Attorneys
If you have been in a railroad accident, you may have serious injuries that are going to require months to heal. The railroad’s insurance policy should have you covered, but you may find they aren’t interested in helping with your hardships. Our team at Foster Wallace is ready to advocate for your rights. Contact us today for a free consultation and find out how we can help.
