1,500,000 Train Crossing Collision
Illinois$750,000 Train Pedestrian Collision
Indiana$150,000 Train Pedestrian Collision
Missouri$725,000 Train Crossing Collision
Illinois$300,000 Train Pedestrian Collision
Missouri
Our attorneys are nationally recognized for their success in railroad crossing litigation in Kansas City, MO and KS as well as surrounding areas of Illinois.
The rate at which train crossing collisions occur is alarming. Grade crossing collisions are catastrophic, usually causing horrific injuries or death. According to the Federal Railroad Administration (FRA), once every two hours a train strikes a motor vehicle or pedestrian at a railroad crossing somewhere in the United States.
Common causes of railroad crossing accidents and grade crossing collisions involve negligent train operations and maintenance issues, including:
- improper use of the train horn or train whistle;
- failure to decelerate or brake the train to avoid a collision;
- careless lookout for cars and motorists near the tracks;
- sight-obstructive vegetation around the crossing;
- poor design of the crossing;
- inadequate warning devices;
- deteriorating crossing surface; and
- malfunctions of the lights or gates.
Regardless, the railroad companies, especially the Class I railroads, have a history of vigorously defending claims that they did anything wrong. They are notorious for improperly removing crossing cases to federal court and making blanket assertions of federal preemption and evidentiary privilege to frustrate discovery and stall the litigation process. Every set of discovery responses from the railroad, for example, is likely answered with form objections based on 23 U.S.C. 409 and discussions of Norfolk Southern Ry. Co. v. Shanklin, 529 U.S. 344 (2000). Litigation against the railroads is always difficult and expensive, requiring extensive motion practice, dozens of depositions and experts in railroading, human factors, audiology and traffic and safety engineering.
Grade Crossing Collision Lawyers
There are several parties to look at when discussing liability on a train accident case.
- Was the operator of the train acting responsibly and driving the train in a safe manner? The company owning the train may be also liable if they failed to train and ensure that their crews were responsible and maintaining acceptable speed limits, sounding the train horn on approach to railroad crossings and using the train brakes to avoid collisions or pedestrian strikes.
- What about the owner of the railroad track, which is usually the railroad company operating the train? It has a duty to maintain a safe grade crossing to the people who live around and use the railroad crossing.
- The owners of the properties adjacent to a grade crossing may have a duty to remove structures, brush or trees on their property that obstruct the view of approaching motorists and railroad train crews.
- The city or county may have some joint responsibility for installing and maintaining appropriate warning devices at railroad crossings.
- The manufacturers of the locomotive, the railroad cars, and the warning devices at a railroad grade crossing may also have some fault if the problem was an equipment malfunction such as a flashing light failure or a gate bobble.
Our attorneys are nationally recognized for their success in railroad crossing litigation in Kansas City, MO and KS as well as surrounding areas of Illinois. We possess a unique knowledge of the complicated aspects of state and federal law surrounding railroad litigation. We are trained in evaluating and using evidence particular to railroad litigation such as the locomotive data event recorder or black box and the Railview, LocoCam or Track Image Recorder ("TIR") locomotive video cameras. Give us a call at or contact us online.
Summary
When a train crashes into a vehicle or hits a pedestrian, the aftermath is devastating. An individual could suffer from severe injuries, and worse, it could lead to their death. Railroad accidents are rarely minor because of the train's massive size and speed. And when the cause of a collision was proven to be negligence, it could create a complicated legal process.
The attorneys of Bautista LeRoy LLC have been handling railroad accident cases for years. We have been representing injured victims across Kansas and Missouri. Our law firm has become a trusted representative when it comes to personal injury cases. We understand the complications of a railroad accident case, and it involves the railroad company that uses federal regulations and legal defenses to slow claims and deny responsibility.
Railroad crossing collisions are often caused by:
- No train horn warning
- Vehicle excessive speed
- Poor crew lookout
- Overgrown crossing vegetation
- Unsafe crossing design
- Broken lights or gates
- Damaged crossing surface
These cases require an in-depth investigation to assign blame and prove negligence. Legal authorities usually assess black box data and engineering evidence to know what actually occurred that caused the accident. The Bautista LeRoy LLC has the resources to prove the accident and help you recover proper compensation. Discuss your case with us by reaching out at www.bautistaleroy.com or 816-221-0382.
Do I Have A Valid Legal Case After A Train Accident?
Yes, especially if the accident was caused by the negligence of a railroad company. Train accidents usually happen due to:
- Faulty signals
- Poor maintenance
- Unsafe crossings
- Operator mistakes
How Much Compensation Could My Claim Be Worth?
It highly depends on the details of your accident and the severity of your injuries. An attorney can calculate damages to cover: medical expenses, the wages you have lost as well as the physical and emotional pain you have suffered due to the accident.
Who Could Be Responsible For A Train Accident?
- Train operator
- Railroad company
- Maintenance contractors
- Signal operators
- Government agency responsible for the crossing
How Long Will My Train Accident Case Take To Settle?
Every case has different circumstances. Though settlement agreements through negotiation can save time, there is no specific timeline for a railroad accident case to conclude. It is usually influenced by:
- Investigations
- Negotiations
- Medical recovery
What If My Family Member Died In A Train Accident?
Families have the right to pursue a wrongful death lawsuit. Through this, they can seek justice and receive compensation for:
- Funeral expenses
- Lost financial support
- Personal loss
A personal injury attorney who has expertise in railroad accident cases can guide surviving families through the legal process with clarity.
