All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
What should I do after a train accident?
First, always seek immediate medical attention. Make sure to tell the provider all symptoms or injuries, even if they seem minor in the moment. Often, injuries will worsen over time.
There are several things to keep in mind if you are involved in an accident involving a train:
Seek immediate medical attention. It is important to get care as quickly as possible. Often, injuries present over an extended period of time and delaying care can lead to increased harm.
Consult with an attorney without delay so that they can arrange, if appropriate, for investigation into the accident scene as soon as possible. The accident site will be exposed to the elements and evidence will not be preserved. Obtaining as much information from the scene close to the time of the collision will provide valuable evidence if the case proceeds to trial. Your attorney can also get in contact with the law enforcement personnel in charge of the investigation. These individuals will be valuable sources of information, collecting evidence and reconstructing the incident. It is important to have access to all of their notes and data.
Make sure you comply with all legal time deadlines so that you do not loose any rights to compensation. This is another important reason to retain a knowlegeable and experienced law firm.
Although trains have the right of way at crossings and motorists have an obligation to avoid crossing tracks improperly, there are many times wherein the train or train company is totally or partially responsible for the accident. It is important to consult with an experienced attorney if a train-car collision has affected your life or the life of someone you love.