A train accident can have a devastating impact on the lives of those involved. In many cases, victims are left with serious injuries or end up passing away as a result of their accidents. Whether you are injured in a train accident as a result of a railroad crossing incident, a derailment, or an accident involving hazardous materials, you may have legal options available to help you move forward. Seeking the assistance of a Kansas City train accident attorney as
soon as possible can make a big difference when it comes to your chances of getting justice.
For decades, our Kansas City train accident lawyers at Peterson & Associates, P.C., we fought diligently to protect the legal rights of people who have been injured in accidents across Missouri, Kansas, and throughout the United States. Our lawyers are deeply committed to helping each of our clients secure the maximum amount of compensation available for theirlosses.
If you have been injured as a result of a serious train accident, you must reach out to our personal injury law firm in Kansas City right away. Our lawyers can meet with you for a free consultation to discuss your accident and the legal options available for you.
Who Are The Victims of Train Accidents?
In general, people who are harmed in train accidents can fall under one of two categories. These
include railroad employees and the general public.
Train workers: This category covers people who work for railroad companies or other companies
that are related to the rail industry.
Non-train workers: A person will be considered a member of the general public if they are not a
train worker. These victims are harmed due to a train accident or an incident involving a qualified rail supporting industry accident.
If you were hurt in a train crash as a member of the general public, you might be able to file a personal injury claim against the responsible party.
Whether you are an injured worker or a member of the general public, it is imperative that you seek legal guidance in a timely fashion after the train accident occurs. Doing so will provide you with the best chances of getting justice.
Our Kansas City train accident attorneys at Peterson & Associates, P.C., can meet with you for a free case evaluation at your earliest convenience to get started.
Federal Employee Liability Act (FELA)
The Federal Employers Liability Act (FELA) provides railroad workers with the ability to file federal workers’ compensation claims. This act was passed and subsequently modified during the 1900s. During this period, there was a significant number of workers harmed in accidents while
on the job. As a result, the government legislated protection that provided injured train workers with compensation and other benefits. FELA was established to help both victims who are injured in accidents as well as families who have lost loved ones during work accidents.
If you are a railroad worker who suffered injuries in an accident, you must take legal action right away. Our Kansas City train accident attorneys can help guide you through the claims process and help to educate you with regard to your rights as a victim.
When pursuing a FELA claim, it is essential that you take various steps to ensure you have the strongest case possible. This includes:
- You are seeking medical assistance in a timely fashion. You will want to follow your
doctor’s instructions carefully and attend all recommended follow-up appointments.
- Report the accident and your injuries to your employer as soon as possible. Immediately
after seeking medical care, you should report the incident.
- Seek legal guidance from our knowledgeable train collision attorneys in Kansas City.
Our lawyers at Peterson & Associates, P.C., will conduct an independent investigation surrounding your accident. We will review your employer’s investigation and prepare litigation on your behalf.
Our lawyers will help you secure fair compensation for your injuries and damages and help you obtain the outcome you expect for your lawsuit.
Contact our Kansas City office today to schedule a free consultation to get started.
Train Accident Statistics
Each year, the National Safety Council analyzes data on train accidents across the United States. Recent reports demonstrate that train accidents continue to take place at an alarming rate here in Kansas City, Missouri, and across the United States.
Reports provided by the National Safety Council show that nearly 760 people lost their lives as a result of train accidents across the United States in 2020. A total of 5,479 people suffered injuries as a result of these crashes.
Approximately 12% of train accidents occurred in rail-crossing areas. Roughly 2% of these accidents occurred in highway-rail crossing areas. More than 50% of train accidents occur at unprotected crossing areas.
Reports provided by the Federal Railroad Administration show that around one person loses their life as a result of a train accident every 100 minutes in the United States.
People who are inside vehicles that collide with trains are 40-times more likely to die in crashes than those who are involved in collisions with cars or trucks of comparable sizes.
Approximately every 14-days, a train is carrying some hazardous material derails in the United States.
Top Causes of Train Accidents
Like other types of motor vehicle accidents, train accidents can often be attributed to many factors. Although every case is truly unique, some of the most common causes of train accidents that we see include:
Human error: When conductors are inexperienced, train accidents may be inevitable. Even conductors who have been working in the railroad industry for an extended time can make simple mistakes that cost lives. In addition to inexperience, we see many train accidents take place due to fatigued conductors. It is nearly impossible to operate a train while exhausted safely. However, we see many conductors attempt to do so due to the pressures they face from the railing company and their supervisors.
Negligence: Railroad accidents caused by negligence can be blamed on various parties involved. In some instances, train accidents are caused by the railroad company itself. Other crashes can be attributed to the conductor, a negligent employee, or another negligent party. Common examples of negligence include:
- Improper operation of crossing arms
- Failing to turn on signal lights
- The use of outdated technology
Reckless drivers/pedestrians: There are cases where train accidents are not caused by the operator or train companies. Instead, they are a result of other drivers and pedestrians who act negligently in crossing areas. When vehicles or pedestrians cross tracks at the wrong time, drivers leave vehicles parked on tracks, or vehicles attempt to beat trains across the tracks, they can cause catastrophic collisions.
Mechanical failures: There are thousands of moving parts that go together to ensure trains
function properly. When any part fails, it can have life-changing consequences. Although rare, mechanical failures and defective parts can cause train crashes that result in serious injuries.
Speeding trains: There are many instances where railroad accidents can be attributed to
speeding. Traveling at a high rate of speed increases the risk that a conductor will lose control of the train. Studies have repeatedly found that the faster a train travels, the worse the consequences
become during collisions.
Derailments: When trains run off the rails, either due to a collision with another vehicle or with an object, a conductor error, broken rails, defective wheels, or a mechanical failure, it can have severe consequences. These crashes are particularly devastating due to the fact that trains are often traveling at a high rate of speed when the train collision occurs.
Defective tracks: It is important that train tracks are clear and free of any defects. When there are obstructions on the tracks, it can cause trains to derail entirely. It is important that conductors are aware of their surroundings at all times in order to manage any potentially dangerous situations that may arise in a safe and effective manner. However, there are cases where conductors fail to notice obstructions in time to avoid a railroad accident.
Unprotected railroad crossing areas: Over 80% of railroad crossings in the United States do not have property safety railing. Many crossings lack lights and gates, while main crossing areas on train tracks are entirely unprotected. Without adequate warning, drivers may not be able to avoid crashes with trains. In many cases, crashes at unprotected railroad crossing areas can be attributed to:
- Drivers who are intoxicated
- drivers who are distracted
- Drivers who attempt to race trains
- Poor visibility
- Malfunctioning signals
- Obstructions that block the view of drivers at crossing areas
- Conductors who fail to sound an alarm while traveling in the area
A vehicle stalling on the tracks: Although it is rare for a vehicle to get stuck on a railroad grade crossing, it can occur. When drivers stall out over tracks or stop their vehicles, it can have life-altering consequences.
No matter what the cause is of a train accident, it can be truly life-changing for the victims involved. Should you suffer injuries as a result of a train accident, it is important that you seek legal guidance from a Kansas City train accident lawyer right away.
Our Missouri personal injury law firm, Peterson & Associates, P.C., has decades of experience helping victims of train accidents get justice. Contact our law firm today to schedule a free consultation at your earliest convenience to get started.
Common Injuries Reported in Railroad Accidents
Being involved in a train accident can completely change your life. Even the slightest railroad accident can result in major damage and injuries. The size and weight of these vehicles mean they are more likely to cause significant damage to anything they come in contact with during impact.
Although injuries reported in train accidents can vary widely, there are some injuries that occur more often than others. Some of the most common injuries reported in Kansas City train wrecks include:
Whiplash: When trains stop suddenly while traveling at a high rate of speed, it can result in injuries to passengers and others on board. Many people suffer from whiplash as a result of train accidents here in the Kansas City area. The rapid and extreme movement inflicted on the head and neck due to a sudden stop can take several days or even weeks to recover from after sustaining injuries in a railroad accident.
Fractures/broken bones: Broken bones often heal with time. However, many victims have to go through surgery and remain in casts for several weeks or even months following their accidents. These injuries can require therapy to recover from adequately. Victims who suffer from broken bones face lengthy recovery times and have difficulties performing various tasks.
Internal organ damage: Suffering from internal organ damage can be life-threatening. This is especially true if victims do not receive emergency medical care. Reputed spleens, internal bleeding, and even lung punctures are just some of the internal organ injuries that train accident victims must endure.
Concussions: When the brain is forced to move inside the skull due to a sudden blow or jolt to the head, it can result in a concussion. These injuries can range from mile to severe. In some cases, victims can suffer permanent brain damage. Severe cases can lead to a loss of consciousness or a coma.
Traumatic brain injuries: These injuries are often associated with concussions. However, traumatic brain injuries (TBIs) can affect the way a victim’s brain and central nervous system function for several years following an accident. Many victims may experience mobility issues, memory loss, loss of motor skills, and other negative consequences after suffering a serious TBI. There are many cases where victims have to undergo extensive and expensive medical care and rehabilitation for TBIs.
Spinal cord injuries: Serious train accidents have been known to result in spinal cord injuries for victims. There are many instances where spinal cord injury sufferers are left permanently paralyzed. Many victims have to use wheelchairs or other medical devices indefinitely to get
Psychological injuries: In addition to suffering physical injuries in train accidents, many victims suffer psychological consequences as well. Victims of train accidents often suffer from fear, anxiety, depression, insomnia, and posttraumatic stress disorder (PTSD). Suffering a catastrophic injury makes the mental and emotional consequences worse.
These are just some of the serious injuries that victims of train accidents suffer from after being injured in a train accident. Unfortunately, major railroad accidents can result in dismemberment, paralysis, or even death for those involved.
If you suffered serious injuries as a result of a train accident or your loved one has lost their life, it is important that you seek legal guidance right away. You may have legal options available to help you secure the financial compensation that you can use to cover some of the costs you face moving forward from your accident. Working with our Kansas City train accident lawyers can make a significant difference when it comes to prevailing on your injury claim
Liability in a Train Accident
In general, the Federal Railroad Administration, the Department of Transportation, and the Occupational Safety and Health Administration (OSHA) share regulatory responsibility for ensuring railroad safety measures and practices are in place. Each state then has its own regulatory body that is in charge of ensuring safe practices. When people suffer personal injuries in train crashes, they may have legal remedies available to help them move forward.
If you have been injured as a result of a train accident, you may be able to file an injury claim against one or more parties who are at fault. It is important that you are able to identify the factors leading to your accident involving a train in order to determine who you can file a legal claim against for your injuries and losses.
In general, there are various parties who can be held liable for train accidents. These parties include:
- Railroad operators
- Railroadcompanies/railroad workers
- Train manufacturers
- Track owners
- City/state operators/administrators
Our Kansas City train accident lawyers at Peterson & Associates, P.C., can meet with you for free consultation to discuss your accident. We will investigate your crash and help to identify all leading factors that contributed to your accident taking place. We will identify those at fault and take swift legal action against them to ensure you are held accountable for their actions.
Contact our Missouri railroad accident lawyers today to get started on your case. Our law firm is committed to helping each of our clients secure the maximum amount of compensation available for their legal claims.
Damages Available for Train Accident Victims
If you have been injured as a result of a train accident, you may be entitled to compensation that you can use to cover various costs you face moving forward. Our Kansas City train accident lawyers will fight diligently to ensure you are able to secure fair compensation to cover various economic and non-economic damages you face following your accident.
Some of the damages we help victims recover through train accident cases include compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Long-term medical expenses
- Lost income
- Vehicle repairs
- Permanent scarring and disfigurements
- And more
The unfortunate truth is that many train accident victims are taken advantage of by the insurance company. Insurance adjusters are quick to offer minimal settlements to victims in order to have them sign away their legal rights to file a lawsuit in the future. Rather than speaking to the insurance company, it would be best if you reached out to our train accident lawyers in Kansas City right away.
Our lawyers work with accident reconstruction experts and various other parties who can help to build a solid legal claim on your behalf. We will stop at nothing to ensure you are able to protect your legal rights and secure the maximum amount of financial compensation available for your train accident case.
If you were injured in a train crash, you must reach out to our Kansas City office right away to schedule a free consultation. Our experienced attorneys can meet with you at your earliest convenience for a free case evaluation to discuss your case and the legal options available to help you move forward.
Peterson & Associates, P.C. Is Here For You
If you have been injured as a result of a train accident due to someone else’s negligence, it is important that you take legal action right away. You may be entitled to financial compensation that you can use to cover the costs you face as a result of your accident. Having a skilled and knowledgeable law firm by your side can make a significant difference when it comes to your chances of getting justice.
For decades, our Kansas City railroad accident lawyers at Peterson & Associates, P.C., have worked diligently to protect injured victims across the United States. Our train accident attorneys can help you protect your legal rights. Our lawyers handle all personal injury cases on a contingency fee basis. We require no upfront costs from our clients to get started.
Our law firm takes great pride in the attorney-client relationships that we establish with each person we represent. We understand the negative impact that personal injuries have on victims. For this reason, we fight diligently to ensure each of our clients is able to get justice and hold the person responsible for their injuries to account.
If you have been injured as a result of a train accident, you must reach out to our Kansas City personal injury law firm right away. Our lawyers are available by calling 816-888-8888 to get started on your case. We can meet with you for a free consultation at your earliest convenience to get started.
What Our Clients Are Saying
We are proud to establish long standing relationships with our clients and we pride ourselves on offering quality, personalized, confident representation to all of our clients.
Team did a great job resolving my injury case- Daniel G.
They were instrumental in saving my life.- Kathy
I’m a witness to how wonderful they are as a law firm.- Larry
Peterson & Associates, P.C. heard me and made sure I was not taken advantage of.- Lee
I would definitely recommend Peterson & Associates- Leesa
They get the job done- Theresa
Choosing Our Team
Many people that have been injured in car accidents are unsure of where to start with a legal claim. Our team of highly trained lawyers can help to review the details of your crash and guide you through the process. Below, learn more about the attorneys at Peterson & Associates, P.C., their results, and contingency fees.