An Amtrak train traveling from Los Angeles to Chicago derailed on Monday, June 27, 2022, after crashing with a dump truck. The crash occurred near Mendon, Mo. (about 100 miles outside of Kansas City). The incident left four people dead (three people from the train and one person in the dump truck) and multiple injured. There were about 275 passengers and 12 crew members on the train when the crash occurred. Approximately 150 people were taken to hospitals.
According to the authorities, seven cars and two locomotives on the Amtrak train (an Amtrak Southwest Chief train) derailed. Although the cause of the crash was initially unclear, there have been reports that the crossing where the accident happened was completely uncontrolled. Eric Brown, a lieutenant with the Missouri State Highway Patrol made the following statement regarding the crossing: “It’s an uncontrolled crossbuck intersection on a gravel road. So, no lights, no electronic control devices, things such as that.” According to the lieutenant, this is common in rural intersections.
Without a doubt, this is a devastating incident. However, the incident could have likely been prevented. If you sustained injuries or a member of your family was killed in this train accident or in any other train accident, it is essential that you seek legal assistance as soon as possible – as you could have the right to sue and potentially recover monetary compensation.
Here at the Normandie Law Firm, our lawyers have decades of experience handling all sorts of injury claims, including injury claims stemming from train accidents. You can trust that our experts are ready to handle your claim effectively and fight for your rights to recover what you are owed. If you are ready to discuss the legal options with the experts here at our law firm, contact us today.
Some Possible Causes of Train Accidents
Train accidents can happen for a number of reasons, including the following:
- Mechanical failures in trains
- Mechanical failures in passenger vehicles (that could result in vehicles stalling on tracks)
- Reckless drivers and pedestrians (who enter the tracks when the train is coming, try to beat the train, etc.)
- Reckless train operators (speeding, abrupt braking, etc.)
- Dangerous conditions at railroad crossings (no lights, no electric railroad crossing gates, no signals, etc.)
So, what caused the incident discussed above? Although the incident remains under investigation, the officers that stated that the railroad crossing where the incident happened in completely uncontrolled. The crossing allegedly has no lights or electronic control systems whatsoever. It is unclear whether there were any signs warning drivers to watch for trains.
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Train Accident Injuries
Train accidents are easily among the most devastating types of accidents that anyone could suffer. These incidents could lead to devastating injuries. Some of these injuries could include the following:
- Head injuries
- Traumatic brain injuries
- Neck injuries
- Back injuries
- Spinal cord injuries
- Hip injuries
- Knee injuries
- Shoulder injuries
- Crushing injuries
- Severed limbs
- Impaling injuries
- Fractures
- Nerve damage
- Scrapes and bruises
Understanding Liability for Train Accidents
Who is liable for the harm resulting from a train accident? Typically, liability for accidents falls on whoever caused the accident. However, liability for train accidents is different because trains are common carriers. Common carriers have a duty of care towards their passengers, typically the highest duty of care. In other words, common carriers are strictly liable for any harm to their passengers (with a few exceptions for incidents caused by weather conditions, for example).
What if the incident was caused by unsafe road crossing conditions? Depending on the details surrounding the incident, then the agency that is responsible for maintaining the road crossing could also be liable. For more information about establishing liability, do not hesitate to contact us today.
Do You Have the Right to Sue?
Can you file a train accident lawsuit? Do you have the right to sue Amtrak for the harm that you or a loved one suffered in a train accident? Yes, you could have the right to file a lawsuit against Amtrak after a train accident. If you are interested in learning more about your right to file a lawsuit after a train accident, do not hesitate to contact the experts at our law firm today. Our train accident experts can help you pursue your claim.
Your Right to Recover Compensation
Without a doubt, you could be entitled to recover compensation for a train accident claim. Some of the categories of compensation that could be available could include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Punitive damages
- Legal costs
If you are filing a wrongful death claim, you could also be eligible to recover compensation for funeral and burial expenses as well as loss of consortium.
For more information about the total type and amount of compensation that you could be eligible to receive if your train accident lawsuit is successful, do not hesitate to contact our lawyers as soon as possible. Our attorneys are ready to fight for your rights to recover the highest payout available for your train accident claim.
Recommended Steps to Consider
After you or a loved one suffered harm in a train accident, you should consider the following recommendations:
- Take photos of the scene of the incident
- Take photos of your injuries
- Seek medical attention for your injuries
- File an incident report
- Speak to witnesses and collect their contact information
- Collect all medical records
- Collect records of lost earnings
- Seek legal assistance from an experienced train accident lawyer as soon as possible
Without a doubt, filing a lawsuit might not be the first thing on your mind after a train accident. However, after any accident, it is essential that you act accordingly. Even if you can’t complete these recommended steps immediately, you should aim to do so as soon as you are able to. If you are ever unsure of what you should do next, simply contact us. Our experts can help you every step of the way.
Your Claim is Subject to a Statute of Limitations
All injury claims are subject to a statute of limitations, which is basically a deadline to file your claim. If you fail to file your claim on time, you could lose your right to sue entirely. The statute of limitations that applies to your claim will be based on state law; these deadlines range from one year to six years, for example. In the state of California, specifically, injury claims are subject to a two-year deadline. For more information about the exact time that you have to file your claim, do not hesitate to contact our experts immediately – we will make sure that your claim is filed on time.
Contact the Normandie Law Firm
Were you or a loved one harmed in the Amtrak accident that occurred earlier this week? Were you harmed in another train accident? If so, you should seek legal assistance with the experts here at our law firm immediately. Our lawyers have decades of experience handling all sorts of injury claims and fighting for the rights of our clients. If you would like to discuss your legal options with the experts here at our law firm, contact us today.
We offer free legal services, which include both free consultations and free second opinions. During these legal services, our train accident lawyers will be available to answer questions, address concerns, and provide you with all the information that you need to pursue your lawsuit. To benefit from these free legal services, contact us today.
Our Zero-Fee guarantee ensures that our clients will never be required to pay upfront legal fees to speak with our lawyers. We also work on a contingency structure; therefore, our clients will not be responsible for paying legal fees unless they win. Plus, this will come from your final settlement, so you will not have to pay anything out of pocket.
If you are ready to discuss your legal options with our train accident lawyers, contact us today.
