Trains and subways are critical components of our country's economy because most people rely on trains for transportation. Typically, we have approximately two thousand miles of functional rail lines and subways in Nevada alone. Some of these lines cross public roads that we drive on repeatedly. Although drivers who operate trains are well trained and cautious, accidents still happen.
While train and subway accidents are rare, they do occur, and you should know what to do when you sustain an injury in this kind of accident, especially if you are a motorist. Undoubtedly train and subway accidents can lead to catastrophic injuries and severe vehicle damage.
Contacting an injury attorney should be your first step to protect your best interest and increase your chances of achieving maximum compensatory damages for your losses. Attorneys at Las Vegas Car Accident Attorney Law Firm are here for you if you have a claim after sustaining an injury in a train and subway accident.
Our injury attorneys understand what it takes in the legal justice system to prove that you deserve utmost compensation for your losses resulting from the train and subway accident.
Understanding Train and Subway Accidents
Train and subway accidents are typically a type of accident that can leave you with deadly injuries regardless of whether you were driving a vehicle or just a pedestrian passing by. Some of these injuries could affect your physical ability to perform your daily tasks and chores as you used to, which can significantly affect the quality of your life.
When a train crashes your car while crossing the road, you and the passengers onboard could sustain any or all of the following possible injuries:
- Organ damage
- Cuts, bruises, lacerations
- Spinal cord injury
- Limb dismemberment
- Head and brain injury
- Severe burns
- Paralysis
Some of these injuries can be very costly to treat, which can "eat up" your finances and your family's. Other injuries could be permanent, for example, traumatic brain injury or paralysis, which can affect your ability to enjoy life.
Fortunately, with a reliable injury attorney in your corner, you could hold the liable party accountable for your losses and injuries caused by the train and subway accident. Ensure you contact an attorney without delay to investigate your unique case while the evidence is fresh in eyewitnesses' memories to prepare arguments that could help you achieve the justice you need.
Key Steps to Take After a Train and Subway Accident
Undoubtedly, moments after involvement in a train and subway collision can be confusing. If you are lucky to be alive, you should do everything you can to protect your best interest to stand a chance of winning maximum compensation on your lawsuit against the at-fault party. Here are steps to take after involvement in a train and subway collision:
Gather Proof
If you do not need immediate medical assistance, you should step out of your vehicle carefully and do the following:
- Take pictures of your injuries, vehicle damage, and the surrounding, including the rail line
- Talk to eyewitnesses in the vicinity to hear their account of what could have probably led to the accident. If possible, you should also take the addresses and contacts of a few eyewitnesses because their testimonies could strengthen your claim for utmost compensation.
- Write down contact information and the name of the train operator
Contact Your Insurer
After involvement in a train and subway collision, you should call your auto insurance provider as soon as you can to inform them about the situation. However, you do not have to discuss every detail of the accident with them because they are keen to look for any reason to deny your compensation claim.
Seek Medical Assistance
Even if you do not have visible physical injuries, you cannot undermine the need to visit a doctor after this kind of accident. Because some of the injuries you can suffer after a train collision will not reveal themselves immediately, it is wise to seek medical assistance as soon as possible.
The right medical practitioner will know whether or not you have internal injuries which require immediate treatment.
Keep Relevant Records
Like any other type of car accident, you should keep your records to help your attorney prepare an unshakable claim against the at-fault party. Ensure you keep records detailing all your medical treatments and their costs since the accident date.
Also, it is wise to record all the days you have missed your work while undergoing treatment and recuperating from the injuries resulting from the collision. If you had to repair your vehicle to ease your movements, you should also keep the repair records in a safe place.
Speak With an Injury Attorney
Since train and subway collisions are typically complex, it is a brilliant idea to retain the services of a personal injury attorney to investigate the case and prepare your claim against the liable party. Your injury attorney will help you gather more proof, even if it means hiring a reliable accident reconstruction expert to determine what could have probably led to the collision.
Your attorney will also negotiate with your insurance provider and help you draft a solid and undisputable injury claim for the best possible outcome. Here is what to consider when looking for a dependable injury attorney:
- The attorney's reputation
- The attorney's accreditation
- The attorney's experience
- The attorney's licensing credentials
- The attorney's qualification
- The attorney's availability
- The attorney's courteousness and friendliness
Potential Defendants in a Train and Subway Accident Case
Determining liability after a train collision can be a challenging situation. Depending on your case's facts and circumstances, the following parties could be liable for your injuries and losses resulting from the accident:
- The train company – The train and subway accident that left you with injuries could be due to a negligent act by the train company. For instance, they fail to inspect their trains thoroughly or hire unqualified train operators.
- The train conductor – It is also possible that the train conductor's actions were the cause of the train and subway accident that left you with injuries and financial losses. Typically, the conductor could be negligent if he/she was speeding, distracted, or otherwise operating the train recklessly with disregard for human life
- Train manufacturer – If the train and subway collision was due to a defective part in the train, the train manufacturer or its parts could be liable for your injuries, according to strict product liability law
Generally, multiple parties could be liable for your injuries in a train and subway accident case. Other potentially liable parties include:
- Transportation authorities
- Engineers responsible for maintaining and repairing the train and rail lines
- Manufacturer of the train parts
To recover damages from the at-fault party, you must determine liability in the accident case and prove negligence. Typically, in a negligence injury claim, your attorney must be ready with the proper preponderance of evidence to prove the following in front of a judge for an award of compensatory damages you deserve for your losses:
- Duty of care
- Breach of this duty
- The breach was the contributing factor to your injuries
- You incurred financial losses due to these injuries
Your attorney will investigate the precise details of your case to determine who is liable for your injuries for the appropriate cause of action to achieve the compensation you deserve. Below are examples of helpful evidence that your attorney can use to prove negligence for an award of adequate compensation for your losses:
- Eyewitnesses testimonies
- Surveillance videos
- Police report
- Expert testimony
- Any other physical evidence related to the accident
Time Limitations for Filing a Lawsuit After a Train and Subway Accident
If you have plans of seeking compensation for your injuries, you must file your lawsuit before the expiry of the statute of limitations. A statute of limitations is typically the time window you have from the date you sustained the injury to file a lawsuit against the at-fault party.
Typically, you have two years from the date you sustained the injury to file a train and subway accident claim if you want to hold the at-fault party legally liable for your injuries and other losses arising from the accident. When you fail or forget to file your lawsuit within this time frame, you could lose your opportunity to sue the at-fault party.
Therefore, it is important to hire an attorney to prepare and file your compensation claim on time for maximum compensatory damages
Potential Compensatory Damages You Could Receive on Your Train and Subway Accident Claim
When you suffer injuries in a train and subway accident, you could win significant compensation for your losses. However, achieving fair and full compensation for your losses is not an easy legal issue. If everything goes to your advantage, you will win the following potential compensatory damages:
Economic "Monetary" Damages
Like any other personal injury case, economic damages are available in a train and subway accident claim for all your financial losses resulting from the accident. Typically, the court will award you economic damages for the following type of losses:
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Medical Expenses
As mentioned earlier, injuries you could sustain when a train collides with your car can be costly to treat. Fortunately, in a train and subway collision claim, the court will award you compensation for medical expenses if your injury attorney can convincingly prove the defendant was at fault.
Generally, any financial loss you currently have, or you could incur in the future due to the impact of the accident qualifies as medical expenses, including (but are limited to):
- Therapy costs
- The cost of buying physical therapy aids
- Prescription costs
- Diagnostic tests
- Travel costs if you have medical appointments
- Urgent care costs
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Past Lost Wages
After suffering injuries in a train and subway accident, the chances are that you will likely have to request some time off work if you are employed to heal and recuperate. If you do not work for two months, the economic damages you will receive should include the total income you could have earned during this period.
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Loss of Earning Capacity
Due to the size difference between a train and a car, when a train crashes your vehicle on the road, you could lose a limb, affecting your ability to continue working like before. Fortunately, in a train and subway claim, the court will also consider this issue when deciding the amount of money you deserve for your losses.
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Property Damage
Economic or monetary damages will also cover the money you had to use to bring your car back on the road after the train and subway accident. If you had to repair your vehicle after the accident, you should keep all your repair receipts to strengthen your claim.
Your attorney will need these receipts to convince the court you deserve economic damages for vehicle repair costs and other related property damage.
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Household Services
If you have to hire external services for household services that you used to do, the total economic damages you could recover will also cover these external costs.
Non-Economic Damages
On the other hand, non-economic damages are available in a train and subway accident to cover for non-tangible and non-monetary losses you have suffered due to the injuries resulting from the accident. Generally, depending on the facts of your case, you could be eligible for non-economic damages for the following type of subjective or intangible losses:
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Emotional Distress
Undoubtedly, injuries resulting from the train and subway accident can cause emotional distress or mental anguish because your life will not be the same again. In a personal injury lawsuit, the court will award you non-economic damages to cover for emotional distress and the humiliation you could experience due to the accident's injuries, for example, burns and disfigurement.
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Pain and Suffering
Although economic damages will cover your medical expenses, you could still experience significant pain and suffering during the treatment and healing period. Fortunately, non-economic damages will also cover this type of loss in an attempt to make you whole again.
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Loss of Enjoyment in Life
The injuries resulting from the train and subway accident could affect your ability to enjoy life like you used to before the accident. If you cannot play your favorite game due to an injury or loss of a body limb, the court should award you non-economic damages to cover for loss of enjoyment in life.
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Loss of Consortium
Non-economic damages will also compensate you for the loss of consortium if your loved one has suffered a severe and life-changing injury that will affect your relationship with him/her henceforth. As the spouse or children of the injured person, you could be eligible for non-economic damages for the loss of consortium or helper in your family.
Typically, the judge with the jurisdiction over your case will decide how much of the consequences resulting from the train and subway accident will qualify as non-economic damages. Having an attorney in your corner during the claim process can increase your chances of securing the utmost and fair compensation you deserve for your losses.
Punitive Damages
If the train and subway accident that left you with injuries was due to another person's gross negligence acts, the court could also award you punitive damages. Typically, punitive damages in a personal injury claim act as a deterrent for people with similar malicious behaviors.
How Comparative Negligence Law Will Affect Your Train and Subway Compensation Claim
Under comparative negligence law, if you were partially negligent or at fault in the train and subway accident case, you should receive damages based on your level or degree of negligence.
If you were 60% percent liable for your injuries, the court would reduce your compensatory damages proportionally to your degree of fault. In this case, you will receive 60% less money than if you were not at fault. The defendant would not bow down to your demands without a blow in most cases.
That means he/she could argue that you were partially to blame for the accident incident to pay you less compensatory damages for your losses. If the defendant brings this argument, your attorney should be ready with relevant evidence to prove you were not at fault or your degree of fault was little for utmost compensation.
When determining your level or degree of fault, the court will consider various evidence from the defendant and your attorney, including:
- Surveillance videotapes
- Eyewitness(s) testimonies
- Medical records
- Photos of train track conditions and your vehicle damages
Reasons Why You Need an Attorney in a Train and Subway Accident Claim or Lawsuit
A train and subway collision claim or a lawsuit is not a legal issue you should attempt to tackle by yourself, even if you are an attorney. Instead, it is advisable to retain the services of a skilled and experienced attorney for the following reasons:
He/she Will Know the Compensation Claim Process
Typically, the compensation claim process for deadly train and subway collisions can undoubtedly be complex and confusing, especially if it is your first time handling this issue. Having an attorney on your corner during the claim process is important because he/she will know the correct paperwork to file and the evidence to attach for the maximum compensation you need for a comfortable life.
Your attorney's knowledge and experience of the criminal justice system will enable him/her to prepare and file your claim on time before the expiry of the statute of limitations. In short, your attorney will ensure the claim process for your well-deserved compensatory damages runs smoothly.
He/she Will Have Better Negotiation Skills
When the negligent party insurer decides to settle your claim out of court, your attorney's negotiation skills can help you achieve the maximum compensatory damages for your losses. If the at-fault party insurer's settlement deal is little, your attorney will know how to negotiate for the fair compensation you deserve.
Fortunately, your attorney can do all the negotiation for you while recuperating from your injuries. Typically, having an attorney on your side during the claim process gives you a chance to secure a just and fair settlement for your injuries.
If the at-fault party insurance provider is unwilling to provide you with a fair settlement offer for your losses, your attorney will help you take legal action against him/her.
He/she Will Know How to Formulate Effective Strategies for Your Case
As mentioned above, insurance adjusters are willing to do anything to make you settle for the minimum settlement amount possible. Therefore, if you want to increase your chances of attaining the maximum compensation that you deserve, you should present your claim in a manner that he/she will find impossible to disprove.
Unless you are a skilled and experienced attorney, proving that you deserve compensation for your injuries resulting from the train and subway accident is not a walk in the park. Therefore, it is wise to hire an attorney to help you formulate an effective winning plan for your unique injury case.
In short, you cannot undermine the need to have a qualified and experienced attorney on your side if you have a compensation claim after suffering injuries in a train and subway accident.
Find a Las Vegas Personal Injury Attorney Near Me
Fatal train and subway accidents cause severe injuries that can leave you bankrupt because they are expensive to treat. Also, apart from being costly to treat, these injuries can cause lifelong adverse effects like being unable to work or enjoy life like you used to before the accident.
If the liability of the accident is not determined as soon as possible, you could lose your chance of obtaining the compensation you truly deserve for your injuries. That is why it is critical to have a skilled injury attorney on your corner as soon as you can to investigate, prepare and file your compensation claim before the deadline.
We invite you to call the Las Vegas Car Accident Attorney Law Firm at 702-576-0010 if you have a claim after suffering injuries in a train and subway accident. Our experienced attorneys will stop at nothing until they achieve the utmost compensation that you truly deserve for your injuries and losses resulting from the train and subway accident.
