Among the most difficult kinds of litigation are personal injury claims made against Amtrak and other train operators. Similar to automotive incidents, there are often several parties to investigate for blame. In addition, the injuries are often serious, necessitating prompt financial assistance to cover medical charges.
Given their apparent failure to comply with stringent safety rules and the tragic train accident that recently resulted in four deaths in Missouri, it is plain that major railway companies have work to do with regard to passenger safety.
In addition, the frequency of train derailments and accidents has increased dramatically over the last several years, resulting in a surge in the number of Amtrak claims. Numerous of these have caused significant losses.
Moreover, the frequency and severity of these accidents raise questions about Amtrak’s commitment to safety. Following a train disaster, there are, thankfully, some safeguards you may take.
Filing an Injury Claim Following a Train Accident
The statute of limitations for personal injury claims in Missouri is five years. However, you must contact an attorney as soon as possible after the train accident. Your unwillingness to do so may have a substantial influence on your case since time is of the utmost importance.
The railways need all drivers to keep constant contact with them. They have created a very efficient communication system. The driver will immediately notify the railroad company if an accident occurs. If not sooner, their investigators will be at the scene within hours. In fact, it is probable that investigators will arrive at the scene before emergency personnel. It would be in your best interest to assign your own investigators to the location as soon as possible. You must have your own detectives on-site to interview witnesses, gather evidence, and ask questions. Otherwise, facts and memories have a tendency to vanish.
The Difference Between Train Accident and Personal Injury Claims
In many respects, train accident lawsuits are similar to other personal injury and wrongful death claims. The main difference is that this kind of action often includes many plaintiffs.
The action begins with the filing of a complaint against the railroad company. The filing occurs in the jurisdiction where the railroad accident happened. The railroad responds to the complaint. Additionally, the train business gives its defense at this time. Plaintiffs and defendants exchange evidence during the discovery phase. Typically, hearings occur soon after.
During these meetings, pending pretrial motions are addressed. Generally, pretrial motions include various discussions over admissible evidence, agreed-upon facts, and other contentious issues. The trial has started. A verdict is given. In addition, if the railway company is found to be at fault, damages are awarded.
Amtrak Train Accidents and Claims
Tragically, the absence of safety regulations and enforcement has led to high-profile events and the deaths of innocent individuals.
Amtrak derailment instances have resulted in settlements worth millions of dollars, and Amtrak disasters have sparked a number of lawsuits. Amtrak said that it would not contest liability claims for damages, including medical expenses, as the train operator was at fault for the 2015 Philadelphia accident that resulted in eight deaths.
However, the compensation pool is limited by federal law to $295 million. This is a consequence of the Amtrak Reform and Accountability Act of 1997, a piece of legislation that initially restricted compensation for Amtrak disaster victims to only $200 million.
Attorney in Kansas City for Train Accidents
It should go without saying that a train derailment or other form of collision might be devastating for everyone concerned. Tragically, victims of such accidents often have life-threatening or deadly injuries that drastically affect their lives. If a railway accident caused you to sustain injuries or caused the death of a loved one, you may be able to submit a claim for compensation. A train accident attorney in Kansas City may be able to help you achieve the justice you deserve.