Las Vegas Train Accidents Lawyer

Trains as a form of transportation are an essential part of the nation’s economy. In Nevada and across the United States, trains have a rich history driving industrialization. With most of Nevada’s active rail lines repeatedly intersecting with public roadways, train accidents are common. Even though trains are a relatively safe mode of travel, when train accidents occur, they are often horrific.

Trains occasionally collide with motor vehicles, motorcycles, bicycles, or pedestrians resulting in severe and catastrophic injuries or death. A train accident can also involve a train derailing from the tracks, a malfunction, or a collision between two trains. Most of these accidents are due to someone else’s negligence, and Nevada law entitles victims to compensation, including for a loved one’s wrongful death.

If you are in Las Vegas, NV, and you or a loved one is a victim of a train accident due to another’s negligence, we are here for you. Our seasoned Las Vegas train accidents lawyers at Heidari Law Group will help you recover damages for your injuries and other damages. We will also help you recover wrongful death claims if you have lost a loved one in a train accident.

Common Causes of Train Accidents

The most common type of train accident involves train track failures. According to the Federal Railroad Administration, train track failures accounted for almost 45% of train accidents between January 2000 and February 2015. Accidents involving track failures include:

• Track Geometry,
• Guage and elevation issues,
• Broken wheels,
• Train handling,
• Wide Guage,
• Buckled Tracks,
• Track-train interaction,
• Other axel or journal defects

Human error is another common cause of train accidents accounting for approximately 30% of all accidents. It includes negligent acts by train conductors, including sleeping or being distracted while operating a train. Conductors who over-speed or operate trains beyond the speed limit are also responsible for some accidents. Typically, speeding worsens existing train or tracks maintenance issues and can easily lead to a train derailment.

Besides negligence involving train conductors, negligence by state agencies is another cause of train accidents. Municipalities and other government agencies’ failure to properly maintain rail tracks often leads to train accidents that injure or kill train passengers, motorists, cyclists, or even pedestrians. Despite strict regulations on maintenance, accidents due to the poor conditioning of most trains and tracks are common.

In addition to poor track and train maintenance, municipals and other state agencies are also at fault for defective track signals. Consequently, some of the most horrific train accidents have occurred at railroad crossings, with trains colliding with motor vehicles or other road users. 

Legal Liability and Recovering Damages in a Train Accident

While most train accidents can leave train passengers and other occupants unharmed, they are often fatal for motorists or other road users. For instance, it is almost impossible for a pedestrian or a cyclist to survive a collision with a train. If and when they survive, the accident leaves them with a lifelong disability that requires costly and often lengthy treatment and rehabilitation. 

Accordingly, it is essential to establish the party responsible for your train accident. Some of the parties that could be liable for a train accident include: 

• The company that owns the train and tracks and hires the driver. You could prove negligence where the driver was unqualified for the job, including poor training and lack of supervision. You can also prove negligence against the company where they failed to comply with set regulations, including maintenance and regular safety checks. 
• The company/companies that supply the train’s maintenance parts and tools. The company might be liable if a train accident was due to a faulty or defective part or product.
• The conductor or other employees could be personally liable if they acted outside the company’s regulations and state and federal law.
• A vehicle owner/ driver may be liable for injuries and damages sustained by passengers in a train due to an accident caused by the negligent act of parking a car on a rail track.

However, like other negligence claims, the law requires you to prove the at-fault’s party’s negligence beyond a reasonable doubt to recover damages. Some of the damages you can recover in a Las Vegas train accident case include medical expenses, lost wages, lost earning potential, rehabilitation costs, pain and suffering, and other economic and non-economic damages.

Unfortunately, train accidents have a high fatality rate. While no amount of compensation can replace a loved one, a skilled train accident attorney can help you recover damages in a wrongful death claim for a loved one killed in a train accident. Some of the recoverable damages include:

• Loss of the deceased current and potential future income
• Loss of benefits, including insurance cover benefits
• Death expenses, including funeral and burial expenses
• Loss of love and companionship 

What to Do After a Train Accident

After being involved in a train accident, how you react is essential to the personal injury lawsuit you will have against the at-fault party/parties later. Some of the steps you need to take after a train accident include:

1. Seek medical attention if you are seriously injured
2. Never admit fault as the defense can use your admission against you in the personal injury case
3. Write down everything you experienced before, during, and after the accident. For instance, you may have heard the squealing of the breaks on the train or horns of cars. Take note also of the weather conditions at the time. If you can, take pictures of the accident scene and your injuries.
4. Record witnesses’ experiences, including what they saw and heard before and during the accident. If possible, get their contact information.
5. If you were in a motor vehicle hit by the train, contact your insurer, and let them know of the accident. However, make sure that you tell them only what is necessary and not go into details. The insurer can use this information to invalidate your claim if the liable party can prove that you were at fault.
6. Keep conversations minimal and avoid speaking to the rail company or their insurer before consulting a skilled train accident lawyer. The rail company and their insurer are not on your side and will seek as much information as they can to fight liability, including seeking to hold you liable for the accident. Accordingly, you should avoid speaking to any of their representatives or investigators without your lawyer. 
7. Avoid sharing your train accident experience on Social Media. Similarly, limit any conversations with the press as anything you say can be used against you in the personal injury lawsuit.

Contact a Las Vegas Train Accidents Lawyer

Train accidents usually result in death or in severe and catastrophic injuries that leave victims requiring lengthy and often costly medical treatment and rehabilitation. In most cases, the victim is never able to work again. If you or a loved one is a victim of a Las Vegas train accident due to another’s negligence, you are entitled to compensation. However, train accident claims can be complex, including establishing who is liable. 

If you are in Las Vegas, NV, do not worry. Our skilled Las Vegas train accidents lawyers at Heidari Law Group have extensive experience helping clients recover damages in train accident cases in Nevada. We will guide you through the negligence claim process while helping you get the compensation you and your family need and deserve. Contact us today to schedule a free consultation and learn more about our services.

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