Have you been injured in a train or railroad accident in Livonia, MI? We can help you get fair compensation. Contact the Law Offices of Christopher Trainor & Associates for a free consultation today.
A train accident is one of the worst things that can happen to someone. You probably never imagined when you boarded a train that it would end up so disastrous, but now you're dealing with unbearable pain, endless doctor appointments, mounting bills, and significant mental strain.
An attorney specializing in train and railroad accidents in Livonia can guide you through this challenging situation. Since you were not at fault for what happened to you, you have the legal right to be compensated for the suffering you have experienced. All you need to do is pick up the phone and schedule your free consultation to speak with one of our Livonia train accident lawyers.
Rely on Us to Handle Your Claim for a Train Accident
At the Law Offices of Christopher Trainor & Associates, we specialize in serving personal injury victims. Our dedicated staff is here to provide you with the knowledge and assistance you require after being injured in a train or railroad-related accident. These types of incidents frequently involve complex legal issues.
Rail and Train Accidents: The Numbers
Accidents involving trains and railroad companies affect many innocent lives each year. According to estimates from the International Union of Railways, around 3,000 train accidents occur worldwide each year, resulting in numerous deaths and injuries. The National Security Council (NSC) and the Federal Railroad Administration (FRA) provided the most recent injury data for the United States.
467 deaths between 1975 and 2022 (12 in 2022).
12,575 injuries brought on by train mishaps from 1975 to 2022.
A 6% increase in injuries that are not fatal since 2021 (6,252).
Between 2021 and 2022, the number of train fatalities (954) increased by 11%.
In October of 2023, 742 trains derailed.
Michigan has invested in railroad infrastructure with the goal of reducing railroad incidents and crashes. In 2022, the Michigan Department of Transportation (MDOT) received approximately $1.6 million from the Federal Railroad Administration (FRA) to improve the intercity passenger railway system.
Common Types of Train Accidents
Today, Livonia benefits from being part of a well-developed rail network spanning over 3,000 miles across the state. This network supports freight and passenger services, with significant investments to improve safety. Like any other means of transportation, accidents are unavoidable. The following crash types are the most common ones:
Collisions: Trains can collide with cars or other trains from the rear or the front.
Derailments: These accidents occur when a train comes loose from the tracks due to mechanical problems or excessive speed.
Pedestrian Accidents: These incidents occur when persons trespass or attempt to cross railroad tracks.
Hazardous Material Spills: Trains transporting hazardous materials may pass by and cause explosions, leaks, or spills.
Train accidents endanger commuters, staff, and bystanders. Railroad safety has become a top focus for MDOT through several initiatives. The projects include safer train crossings, awareness programs, and new technology to reduce accidents.
Common Causes of Train Accidents
Train accidents can occur in a variety of ways. The following are the most prevalent types:
Accidents at Railroad Crossings: Accidents occur when vehicles rush to cross the tracks, disobey warning lights, or miscalculate the distance and speed of an oncoming train. Faulty crossing gates or inadequate signs may also cause crash incidents at crossings.
Track Defects: Excessive wear and tear on ties, damage to rails, or misaligned switches can cause derailments or accidents when trains travel at high speeds. Track imperfections may worsen in situations of heavy rains or freezing temperatures.
Mechanical Failure: Improper railroad maintenance or defects in production could be the source of these malfunctions. These issues can include everything from braking issues to engine issues.
Human Error: Train drivers have the potential to break safety rules and cause accidents when they speed, disregard railway signals, or operate their vehicles while intoxicated or under the influence of drugs. Train crashes can occur due to judgment errors pedestrians or automobiles make at railroad crossings.
Weather: Unfavorable conditions, such as snow, ice, fog, or heavy rain, can affect how safely trains operate. Poor visibility, slick surfaces, and inadequate brakes can cause accidents.
The Michigan Department of Transportation (MDOT) reports that about 3,600 miles of railroad tracks are currently in use. This extensive system needs continuous efforts to improve security and decrease accidents. Until then, groups like the Michigan Association of Railroad Passengers promote enhanced train service for passengers in the state.
Common Injuries Associated With Railroad Accidents
Livonia has a well-connected railway system with major mainline tracks like those operated by CSX Transportation. These tracks support the city's industrial and commercial sectors and connect conveniently to expressways I-96 and I-275, making it ideal for interstate commerce.
The city's rail network is part of Michigan's extensive infrastructure, which includes about 3,600 miles of rail corridors operated by various railroads. This network supports both freight and passenger services.
However, what happens when everyday railway travel turns into a tragic accident? The most obvious result is an injury. Depending on whether the accident involves freight or passenger trains, victims may face a variety of medical issues, such as:
Traumatic Brain Injuries (TBIs): A strong impact can cause head injuries. These injuries can range from minor, like a concussion, to severe, leading to long-term complications. Possible symptoms include headaches, dizziness, memory loss, and emotional or behavioral abnormalities.
Spinal Cord Injuries: A train collision may damage the spinal cord, leading to paralysis or a loss of sensation throughout the body. To address the effects of spinal cord injuries, long-term medical care and rehabilitation may be necessary.
Orthopedic Injuries: The force of a train accident can cause fractures, dislocations, and other orthopedic injuries. Joint injuries, torn ligaments, and broken bones often require surgery, physical therapy, and ongoing medical attention for the best chance of recovery.
Soft Tissue Injuries: Unexpected braking can cause sprains, strains, and whiplash. Due to excruciating physical pain and discomfort, victims can suffer mobility issues that limit their daily activities.
Burn Injuries: Severe burns are caused by explosions and fires from rail accidents. Chemical and heat burns are common in these conditions. These can lead to severe discomfort, deformity, and long-term problems like scarring and limited movement.
Train accidents have the power to ruin lives and affect entire towns. Consult a knowledgeable Livonia train accident lawyer for legal advice if you or a loved one has been hurt in a similar situation. You have a good chance of being compensated for your injuries.
Steps to Take After a Train Crash
You were involved in a train accident. Now what? Following a catastrophic train accident, it's normal to feel traumatized, powerless, and unclear on what to do next. Here are some actions you can take to protect your health and your financial future should you need to file a claim.
Seek Medical Attention: See a doctor as soon as you can, even if you feel okay. Sometimes, adrenaline can hide symptoms, and injuries might take a few days to become noticeable. Getting medical attention right away ensures you have the necessary documentation for your claim and helps diagnose and treat any injuries.
Notify Authorities: Call the Livonia Police Department, any law enforcement agency, or the local emergency services to report the railway accident (call 911). They will take notes at the scene of the collision, gather proof, and compile a formal police report.
Take Pictures: Take pictures of damaged vehicles, other objects, people who appear to be hurt, and anything else that may be relevant. Obtain the contact details of any eyewitnesses. This documentation could be useful in building a personal injury lawsuit.
Preserve Evidence: Evidence proves liability in cases involving train accidents. Any evidence found at the accident scene, including any involved objects, wreckage, or debris, cannot be altered or removed without permission. Your attorney can obtain this material to determine who is to blame and reconstruct the accident's cause.
Maintain Accurate Records: Ensure you have detailed documentation of any medical visits, out-of-pocket expenses, and other losses resulting from the collision. This paperwork includes receipts for out-of-pocket costs related to your medical bills, prescription drugs, and injuries. Keeping your records organized will help your attorney calculate your losses if you file a lawsuit for a rail accident.
Avoid Talking with an Insurance Company: Following a train disaster, you may receive calls from insurance companies representing the railroad or other interested parties requesting feedback or a settlement offer. They might try to minimize their involvement or pressure you into accepting a lowball settlement. It is better to let your attorney communicate on your behalf to avoid any traps.
Consult a Train Accident Lawyer: Seek legal counsel from a Livonia lawyer with experience handling railroad-related cases. An accomplished attorney represents your interests, works to maximize the amount of money you receive, and negotiates a settlement on your behalf.
A catastrophic rail accident can happen out of nowhere. However, taking the appropriate steps to protect your financial, legal, and physical interests can be very impactful on what happens next. Justice is something you can pursue with the help of a skilled attorney.
The Role of Negligence in Livonia Train Accidents
Train crashes can result in devastating deaths, serious injuries, and enormous property damage. State and federal laws provide an avenue for justice because one or more parties can be held accountable for the collision. When seeking maximum compensation, victims of train accidents should be aware of the following legal challenges.
Proof of Negligent Conduct
Negligence occurs when someone does not use reasonable care and harm results. In a rail accident case, the injured parties must meet the following four elements to demonstrate a defendant's negligence:
Duty of Care: You must be able to show that the negligent party had a duty of care to act responsibly and within an acceptable standard to keep others safe.
Breach of Duty: A train operator or railroad company violates their duty of care, for example, when they speed, ignore warning signals, or neglect to maintain the rails.
Causation: It must be shown that the violation of duty directly caused your injury. For example, if the train operator was distracted, this behavior led to the collision that caused the injuries.
Damages: The injured party's accident-related injuries must have caused financial losses, pain and suffering, missed income, medical expenses, or bodily harm.
The Ins and Outs of Liability
Liability determines who is responsible for the incident and any resulting injuries. Typically, the person whose negligence caused the accident is held accountable. However, figuring out who is at fault in train accidents involving multiple parties can become more complicated.
Entities Train Accident Victims Can Sue
Determining who is at fault in many rail accident cases can be challenging because more than one party might be involved.
Manufacturers: Manufacturers must ensure that their railroad equipment and trains are safe. If a mistake in the manufacturing or design of a train component causes an accident, the manufacturer may be liable for any damages.
Railroad Operators: By abiding by the law and traffic signals, train operators ensure that trains operate safely. Two instances of train operator recklessness are riding at a high speed or disregarding safety precautions.
Railroad or Train Companies: Companies involved in railroading must ensure the safety of their equipment, tracks, and operations. In the event that maintenance, inspection, or operating carelessness results in an accident, they may be held legally responsible.
Governmental Organizations: Government organizations in charge of railroad crossing and signal maintenance must guarantee that these infrastructure components are properly maintained and in excellent operating order. Government responsibility for railroad accidents may result from inadequate signaling of train operations or upkeep of secure crossings.
Third Parties: People may also be liable for accidents caused by other drivers, pedestrians, or objects near train tracks. For example, two people may be held equally responsible when a car tries to cross railroad tracks unlawfully or when a property owner obscures the view near the tracks.
You can hold the right party or parties liable when you've established who caused the accident. A skilled Livonia train accident attorney can conduct a thorough investigation to uncover the truth.
Deadline for Filing a Claim
There is a statute of limitations for personal injury claims in the Great Lakes. If you're thinking of filing a lawsuit for a rail accident, you need to know that you have three years from the date of the incident. You will not be able to pursue damages if your case is dismissed for being filed too late.
Because of this, consulting a Livonia train accident attorney as soon as possible after the accident is best to ensure they have plenty of time to prepare a case.
Damages You Could Recover Following a Train Accident
Train accidents occur suddenly and without warning. After the initial shock of such a traumatic event, victims endure physical pain, emotional distress, and financial hardships. Residents of Livonia who suffer injuries in these accidents and pursue legal action may be eligible for various forms of compensation.
Pain and Suffering: Train accident victims may endure physical pain, emotional distress, and psychological trauma. Compensation for pain and suffering is intended to offset victims' non-economic losses, such as physical discomfort, psychological misery, and a lower standard of living.
Lost Wages: Many victims of rail accidents lose money because they cannot work while they recover. Reimbursing for lost wages aims to alleviate the financial strain brought on by the inability to work.
Medical Expenses: Those hurt in rail accidents may be required to pay hefty medical bills. Reimbursement for medical expenses may cover hospital stays, surgeries, prescription medications, follow-up care, and ongoing care.
Disability and Impairment: Some rail accident victims may be left with permanent disabilities or impairments that make it difficult for them to work or perform daily duties. The goal is to compensate the injured party enough for a lifelong disability or impairment to pay for long-term care, housing, and lost earning capacity.
Property Damage: Besides automobiles, properties next to the railroad and people's possessions can sustain damage from serious accidents. The cost of replacing or repairing damaged property is covered by compensation for property damage.
Emotional Distress: This phrase refers to the psychological suffering that victims experience, encompassing post-traumatic stress disorder (PTSD) as well as depression, anxiety, and fear-based mental illnesses.
If a rail accident injured you or a loved one, you are legally entitled to compensation. The representation of a skilled Livonia lawyer can help make that happen.
Things to Look for in a Livonia Railroad Accident Lawyer
Some injured people think that all attorneys are the same. That is just untrue. A competent accident lawyer knows how to bring the guilty parties to justice. The following qualities are crucial for a train accident attorney to have:
Past Success: Choose a lawyer with a track record of winning train accident cases. Look for a lawyer with years of experience practicing this specific type of law.
Trial Experience: Avoiding a courtroom battle is generally preferred when a settlement is possible. However, should your case proceed to trial, you'll require an attorney who can persuasively argue your case to the jury or judge.
Good Communicator: Your attorney should be responsive to your questions and concerns. You want to feel that you are getting open and honest updates about your case as it progresses.
Empathy and Compassion: Your emotional health may be impacted following a rail disaster. Look for a sympathetic attorney who listens to you and cares about your well-being. They should be empathetic and encouraging throughout the legal procedure and offer support when required.
Having a lawyer who genuinely cares and is excellent at what they do will create the best possible environment for you to have a successful outcome for your railroad accident claim. You deserve to focus on healing and moving forward with your family, not spend time knee-deep in legal documents and arguing with insurance adjusters.
Entrust Your Traffic Accident Case to a Reliable Law Firm
At the Law Offices of Christopher Trainor & Associates, we know the challenging path following a railroad accident. Our team understands that emotional distress, missed work, and financial strain from unpaid bills can all hinder the healing process.
Our approach to representing injured victims is simple but effective: we combine our extensive legal knowledge with genuine compassion and unrelenting determination to get the best outcome.
Contact Us to Schedule a Free Consultation
Need assistance from a Livonia train accident lawyer after being injured? Now is the time to take the initial action. After hearing your story, our legal team will assess your case and lay out the next steps. Please send us an email or give us a call at 248-886-8650 to arrange your free consultation.
FAQs About Livonia Railroad Accidents
What is the Federal Employers Liability Act (FELA)?
The Federal Employers Liability Act (FELA) was enacted in 1908 to protect and compensate railroad workers injured. Unlike workers' compensation, FELA requires the injured railroad worker to prove that the railroad was at least partially negligent in causing a serious injury.
How does federal law impact injured railroad workers in Livonia, MI?
Federal law, specifically FELA, preempts state laws in railroad accident cases. Injured workers in Livonia, MI, must file their claims under FELA rather than Michigan state workers' compensation laws. Federal law provides a uniform standard for handling these cases across the United States.
Can I file a FELA claim if the accident was partially my fault?
Yes, you can still file a FELA claim even if you were partially at fault for the accident. Under FELA's comparative negligence standard, your compensation will be reduced by the percentage of fault attributed to you. However, you can still recover damages for the portion of the railroad's negligence.
