Trains provide a safe, convenient, and cost-effective way for Americans to travel long distances.
Congestion on American roads costs $140 billion in lost time and productivity. The railway industry creates jobs, boosts economic activity, reduces our dependence on oil, and can unlock new opportunities.
Train services connect America’s economically vital mega-regions and help keep them mobile, productive, efficient, and internationally competitive.
Unfortunately, train accidents occur on an almost daily basis. Many of these train accidents are caused by failure to implement safety measures, poorly maintained railroad equipment, and train operator error.
The negligence of a train driver or operator can be highly costly in terms of human lives and property damage.
Individuals injured in commuter or freight train accidents in Las Vegas may be able to sue the responsible parties for negligence.
A knowledgeable Las Vegas personal injury attorney can help you through insurance company negotiations, filing a lawsuit, and representing you at trial so you are fairly compensated for your damages.
Causes Of Train Accidents
Some of the most common causes can include driver or operator negligence; engineer negligence; lack of adequate training, train derailment; equipment breakdown; excessive speed; wrong or confusing signals; inadequate track maintenance; inadequate engine maintenance; collisions with passenger vehicles; collisions with other trains; train crossing accidents; cargo spills; and poor safety standards to protect pedestrians.
Derailed trains weigh several tons and can cause deadly accidents even at modest speeds. People who survive these devastating accidents often sustain catastrophic injuries such as fractures, lost limbs, brain injuries, burns, and spinal cord injuries.
Liability In A Train Accident In Las Vegas
Like all mass transportation accidents, every train accident has unique circumstances and evidence. There may be a single cause of the train accident or multiple causes.
An experienced train accident lawyer at Pacific West Injury Law will closely examine the incident to determine the responsible parties. Our Las Vegas personal injury law firm may enlist the assistance of experts, such as accident reconstruction experts or engineers.
There are a variety of parties that could be held responsible for the train accident that caused your injuries. These include the public agency or company responsible for the train’s daily operations, the manufacturer of the train or signal equipment, or the driver of the vehicle that caused the crash.
The laws that govern liability in a train accident can be highly complex. When only Nevada state laws are involved, negligence claims can be brought against the train or transit system’s private or governmental owners and operators. Legal complications may arise because federal law controls many aspects of the U.S. passenger and freight rail systems. Many state laws in Nevada that protect passengers from the negligence of others may be pre-empted by federal laws. Because of these regulatory complications, law firms with extensive resources and experience need to tackle such cases. The government conducts an official investigation following every train accident, but personal injury attorneys may also perform independent investigations.
If you’re a passenger on a train, the train company owes you more significant duty than if you were not aboard the train. Trains provide transportation services in exchange for a fee. This means that they have to exercise the highest standard of care and are responsible for anything affecting the passengers while the contract of carriage is applicable.
Bystanders may have different levels of legal protection. If they are injured at a railroad crossing due to not exercising proper caution, the company which owns the train may try to deny liability.
However, Nevada’s comparative negligence laws allow train accident victims who are partially responsible for their injuries to recover damages. Train accident victims in Nevada who are 50% or less to blame are eligible to recover damages.
If the perpetrator of the train accident acted willfully, victims can also claim punitive damages.
Pacific West Injury Law – Our Unrelenting Personal Injury Lawyers Know How To Stand Strong Against Powerful Train Companies And Their Cunning Insurers
If you or a loved one have been injured in a train accident in Las Vegas, Henderson, or North Las Vegas, you may need to seek guidance from a train accident attorney who thoroughly understands the interactions between Nevada and federal law. At Pacific West Injury Law, our attorneys have extensive experience in both state law and federal regulations that govern train accidents.
Liaising with federal, state, and local agencies may be necessary to determine what is to blame for the accident. An investigation must be conducted to find the responsible party, evidence must be collected, witnesses interviewed, and damage evaluated. When you are focused on recovering from accident injuries, these tasks can seem impossible, especially when the clock is ticking to take action. Individuals who suffer injuries from train accidents in Nevada must bring a personal injury lawsuit within two (2) years of the accident.
Train companies, whether commuter services or freight carriers, have formidable legal teams to protect their interests. To level the playing field, you must align yourself with an experienced Las Vegas personal injury lawyer with extensive experience against these powerful businesses. At Pacific West Injury Law, we know how insurance companies operate and have recovered millions of dollars in legal actions against some of Nevada’s largest and most litigious insurance companies.