Train Accident Lawyer
Las Vegas Train Accident Attorneys
Train accidents are caused by the following issues: Impacts with tractor trailers, Derailment of train cars, Collisions of freight trains and passenger trains and buses or tractor trailers, MBTA accidents, MBCR accidents, Trolley or subway crashes, runaway-freight cars, improperly parked train cars, negligent railway maintenance, negligent security at trains or railroad stations, commuter rail and light rail accidents, sudden and uncontrolled train movements, wrongful death accidents, amputated limbs at railroads, poor maintenance of rail terminals, failure to warn of safety hazards, carelessness in railroad crossing design and maintenance, failure to warn of low-bed truck hazards at crossings, negligence of conductors, drivers, or engineers, illness on trains, excessive speed causing de-railments and/or collisions due to inability to stop in time.
Benson & Bingham Accident Injury Lawyers, LLC work with the NTSB and NHTSA to investigate accidents. Given the complexity of train accidents, you will need an experienced and trained Nevada Train Accident Lawyer to fully comprehend the tenets of the case.
Las Vegas Train Accident FAQ
While train accidents are probably not the first thing that comes to mind when you think of Las Vegas, the truth is that such accidents do occur and can result in the deaths of and injuries to railroad works, the occupants of vehicles, pedestrians, and even train passengers. Read on for the answers to the questions our clients most frequently ask about train accidents.
What are the most common causes of Las Vegas train accidents?
A pedestrian was struck and killed by a Union Pacific train near downtown Las Vegas recently. The early morning accident occurred near West Owens Avenue and Stocker Street, just east of Interstate 15. Fortunately, the train crew was uninjured.
It wasn’t immediately clear what caused this accident, but according to a study performed in the 1990s, the most common causes of train derailments and accidents involving trains and vehicles in Nevada include:
- Collisions between trains and cars or people at rail crossings, as a result of human error on the part of the conductor, motorists, or pedestrians.
- Mechanical and electrical failures and track deficiencies that can cause a derailment.
What is the legal process for recovering damages that result from a Las Vegas train accident?
If you were injured as the result of a Las Vegas train accident, you can recover damages through a personal injury lawsuit. This is a legal action filed in civil court within two years after the accident occurred. To have a successful outcome for this kind of action, you must prove the liability of the at-fault party and clearly establish the damages that you have incurred as a result of your injuries.
My loved one died as a result of being struck by a Las Vegas train. How do I recover damages?
The legal process to recover damages after the death of a family member as the result of a train accident is a wrongful death lawsuit. Like personal injury claims, wrongful death lawsuits are filed in civil court. These suits seek to recover damages related to the economic and non-economic losses suffered by family members as a result of their loved one’s death.
What responsibility does the Las Vegas Monorail have for my safety at the station?
The Las Vegas Monorail must protect its passengers, not only from injury and death resulting from train accidents and derailments, but also from premises liability issues, including:
- Slip and fall accidents at the station, as well as on the Monorail
- Robberies or assaults occurring either on the train or at the station
- Terrorist attacks on the train
What are the types of actions that may make the train conductor or his or her employer liable for my Las Vegas train accident injuries?
Train conductors have an enormous responsibility for the safety of their passengers.
Some of the actions that may cause a conductor and/or the employer to face liability for your injuries include:
- Alcohol impairment, which causes declines in a person’s ability to pay attention, make good decisions, and respond to emergencies.
- Fatigue, which can result in a diminished ability to concentrate or react in emergencies.
- Distractions, such as texting and other cell phone use, that can cause the conductor to miss noticing hazards and result in an accident.
Train companies are also responsible for ensuring that their passengers are safe from hazards that can result in injury or death by regularly maintaining a train and its tracks, ensuring that all signals are working properly, and taking care to never overload a train.
At the station, train companies have a responsibility to make sure that the station is free from hazards, such as malfunctioning elevators or escalators and flooring hazards (such as loose tile or spilled liquid). Companies also have a responsibility to provide security officers to help prevent criminal activity in the station.
I am a railroad worker who was injured by a Las Vegas train. How do I pursue compensation?
Railroad workers in the U.S. may recover damages resulting from on-the-job injuries through the Federal Employer’s Liability Act (FELA). This federal law, established in 1908, is similar to workers’ compensation in that you can recover damages related to on-the-job illnesses and injuries.
However, unlike workers’ compensation, a FELA lawsuit is filed in state or federal court, and the claimant must prove that the injury or illness was a result of the railroad company’s negligence. FELA cases also involve a broader range of recoverable damages when compared to workers’ compensation, including non-economic damages, such as pain and suffering.
Who are the possible sources of liability in a Las Vegas train accident?
Accidents on trains and in train stations can result from many different causes and may feature liability on the part of:
- The train conductor for accidents that occur as a result of alcohol impairment, fatigue, distraction, or other behaviors that placed passengers and others at risk of injury.
- The train company for failing to properly maintain a train or to ensure that no hazardous conditions or security issues exist at the stations.
- Third-party companies for the negligent repair of tracks or station features or for improperly loading a train.
- Motorists or pedestrians whose careless actions caused a train to wreck.
- Other visitors to the station who cause injuries or death through criminal actions or attempts, such as robberies, use of explosive devices, or assault.
Do I need a lawyer to recover damages from a Las Vegas train accident?
You should retain a lawyer to maximize your chances of recovering compensation for your Las Vegas train accident. Because there are many potential sources of liability and several processes to use, the knowledge that your experienced train accident attorney brings to your case may have a huge impact on the amount of compensation that you can receive.
From the timely filing of the right type of paperwork in the right court to the ability to negotiate with the insurance representatives of at-fault parties, the gathering of evidence necessary to prove liability, and aggressive representation on your behalf, your attorney can provide you with services that you likely would struggle to perform on your own.
Let our experienced Las Vegas train accident attorneys explore your legal options: Contact Benson & Bingham Accident Injury Lawyers, LLC today for a free case evaluation.
Legal Options:
If you have suffered or been injured from a train accident, whether Amtrak, Union Pacific, or another local train company, contact the law firm of Benson & Bingham Accident Injury Lawyers, LLC. We have experienced Las Vegas personal injury attorneys who understand medical conditions and accident related injuries.
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