Many types of trains run through or near Charlotte and the rest of North Carolina. A popular passenger train service is Amtrak. It has the Carolinian that runs every day between Charlotte and New York City. Charlotte also has the Lynx Light Rail that takes you all around the city. In addition to passenger trains, many freight trains run through the state carrying all types of resources and products. The Union Pacific Railroad is a commonly known freight hauling rail system.
Due to the miles of train tracks throughout the state, you may come into contact with passenger and freight trains. Whether you are in a vehicle, on a bicycle or a pedestrian, you could incur injuries in a railway accident. If this is the case, you will need a skilled Charlotte train accident lawyer to help guide you through the legal process.
When you are suffering from injuries or a loss after a railroad accident, we recommend that you contact the accident lawyers in Charlotte, NC at Randall & Stump, Criminal Defense Attorneys. You can reach us through our online form or by calling (980) 237-4579
Common Train Accidents We Handle
Our train accident attorneys are able to assist with all types of railroad and train incidents. You should call us right away if you were hurt or a lost a loved one in a:
- Railroad Crossing Accident
- Train-Pedestrian Accident
- Head-on collision with a train
- Accident on a passenger train
- Lynx Light Rail Accident
- Failed Coupling Accident
- Hazardous Material Spill
- Amtrak Accident
- Union Pacific Railroad Accident
Contact us right away to discuss what happened and how your life has been affected. When it appears that another person or company’s negligence caused your circumstances, we may recommend pursuing compensation for your injuries or loss. To do this, we will conduct an independent, in-depth investigation into the train accident to gather evidence and analyze liability.
Possible Causes of Train Accidents
Train track accidents happen for all types of reasons. Whether you were in a train-vehicle collision, a derailment, or a different kind of incident, our Charlotte train accident lawyers will thoroughly investigate the situation to determine what happened.
Common reasons for train accidents include:
- Lack of crossing signals or warnings at a railroad crossing
- Crossing signals or a crossing arm fail when there is an oncoming train
- The railroad company failed to properly maintain a crossing
- The railroad company did not remove vegetation that obstructed a vehicle driver or pedestrian’s view of an oncoming train
- Failure of railroad employees to sound the horn of an approaching train
- Failure of railroad employees to slow train on approaching residential areas, crossings, or in other high-risk areas
- Improperly constructed railroad crossings that increase risks for drivers
- Mechanical failure on a train
- Poorly maintained trains
- Poorly maintained tracks
- Track switch failures
- Railroad employee miscommunication
Train Accident Injuries
Train accidents, particularly collisions with vehicles, often result in serious injuries. Our railroad injury lawyers have handled claims involving all types of moderate, serious, and catastrophic harm. You may currently be recovering from:
- Simple and complex bone fractures
- Joint dislocations
- Muscle, tendon, and ligament injuries
- Crush injuries
- Neck, shoulders, and back injuries
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBIs)
- Fire-related or chemical burns
- Electric shock or electrocution
Who is Liable for a Train Accident?
After a railroad accident, you probably want to know what happened and who is responsible. Given that there are so many things that can go wrong to cause a crash, there are several parties who could be liable for compensating you for your injuries.
If a railroad conductor, engineer, or other employee was at fault, then the railroad company is likely liable for your injuries. If a LYNX employee’s negligence caused your injuries, call our Charlotte train accident lawyers immediately. You may need to file a claim against the Charlotte Area Transit System, which is a different process than a typical personal injury claim.
The company responsible for the railroad tracks and crossing could be liable for the accident. In many cases, the company maintaining the railroad tracks is not be the same as the company in charge of the train. Often, tracks are owned by a different entity, which can further complicate identifying the responsible party. For example, the North Carolina Railroad Company is responsible for 317 miles of track between Charlotte and Morehead City.
It could also be that a driver or pedestrian is responsible for the accident. Regardless of what happened, our team of skilled personal injury lawyers will find out. Contact us today to learn more about your legal options moving forward.
Pursuing Train Accident Compensation
When you are hurt in a train accident or you lose a loved one, you should speak to our Charlotte train accident lawyers about your right to compensation. If another person or business acted carelessly, recklessly, or with malice, and their conduct resulted in the accident that caused you harm, then you are entitled to pursue compensation. However, doing so takes some work, which is why it is best to have an experienced lawyer on your side.
To pursue appropriate compensation for your injuries, you will need evidence of the other party’s negligent conduct. This will include gathering evidence of what happened, including eyewitness accounts; your statement; photos and video of the aftermath; and obtaining expert opinions, the outcome of any state or federal investigation, and the railroad company’s records.
To gather this evidence, your railroad accident attorney will likely need to file a personal injury lawsuit against the railroad company or another responsible party. Through the discovery phase of a lawsuit, they will obtain information through interrogatories (questions the other party must answer), depositions (out of court testimony), and requests for documents.
In addition to gathering and analyzing evidence, our Charlotte train accident lawyers will carefully review your damages, including your physical, psychological, and financial injuries. We will review all of the expenses you have incurred because of this accident to calculate your economic damages. Then, we will carefully review everything you have endured to place a value on your non-economic damages.
With this information, we will fight for you to receive compensation for
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of consortium
Fatal Train Accidents
If your parent, spouse, or child was killed in a train accident in North Carolina, contact Randall & Stump, Criminal Defense Attorneys immediately. Under North Carolina wrongful death law, you and your family may have the right to pursue compensation for your financial and emotional injuries.
To seek compensation from the negligent party, your loved one’s estate must file the claim. In these types of cases, typically the executor or personal representative heads the claim, which may or may not be a family member. The claim itself is on behalf of the surviving family members, whether a surviving spouse or children. You can receive compensation through a wrongful death lawsuit if you would have received part of your loved one’s estate based on North Carolina’s intestate succession laws.
Through a wrongful death claim, we will seek compensation for:
- Medical expenses
- Funeral and burial expenses
- Lost income
- Loss of decedent’s services, companionship, and guidance
- Pain and suffering