Tampa Train Crash Attorney
In 2019, there were over 900 railroad-related deaths across the United States. While that may not seem like much, it represents more than an 11% increase from the year before. There are over 10,000 rail accidents every year, causing thousands of injuries. If you or someone you love was injured or killed in a train crash, you could have the legal right to bring a claim for damages. To learn more, speak with the Tampa train crash attorneys at Moore Law.
Train companies who transport products and people are known as common carriers, and they have a duty to make sure both passengers and cargo are safely transported. That duty extends to ensuring their trains are operated in a manner that keeps other people such as motorists and pedestrians safe. When train owners, operators, or other entities fail to meet their legal obligations, and there is a crash, they can be held liable for injuries and damages.
Common Causes of Train Crashes
Numerous events can trigger a crash. Some of the most common causes of train crashes we see include:
- Train conductor error
- Mechanical failure
- Derailment
- Collision with other trains
- Crashing into a vehicle, bus, truck, etc.
- Stalled vehicle on the train tracks
- Unmaintained railroad tracks
- Faulty railroad crossing or signal
- Problems with the train tracks
- A person on the tracks
Who Is Liable for a Train Crash?
Determining the responsible party in a train crash is not necessarily easy. Because there are multiple parties involved, usually with serious injuries or fatalities, thorough investigations occur. Potentially liable parties include the operator and owner of the train, the company who designed and constructed it, whoever is responsible for installing crossing gates, maintaining tracks, signals, lights, etc. Other possible defendants include the municipality where the accident happened and other involved parties like a motorist.
Injured Rail Workers
Rail workers who are injured in a train crash have a different avenue of recovery. The Federal Employer’s Liability Act (FELA) protects injured railway workers much like workers’ compensation does for other types of employees. Employees need to file a claim in order to receive benefits.
FELA is different than workers’ compensation in that negligence plays a role. With a workers’ compensation claim, you do not need to show fault. With FELA, you need to show that an hour of employer negligence led to the crash that caused your injuries. Working with an experienced Tampa train crash attorney is helpful. You need a legal advocate who can guide you through the process and help you get the compensation you deserve for your work-related accident.
Recoverable Damages in a Train Crash
Depending on the circumstances, you could be eligible to receive compensation for:
- Medical expenses, accrued and future
- Lost wages
- Future loss of earnings
- Disability
- Disfigurement and scarring
- Property damage
- Pain and suffering
- Wrongful death
- Emotional distress
- Loss of consortium
In some cases, punitive damages might be available. These are reserved for cases involving intentional or willful harm, such as a defendant institutionally violating railroad regulations.
Contact a Tampa Train Crash Attorney
Injuries resulting from a train crash can be severe. It’s crucial to hire an attorney who can protect your rights and help get you the compensation you deserve. Contact the Tampa train crash attorneys at Moore Law today to schedule a consultation and learn more about how we can help.
