If you need to file a railroad accident claim in the Lansing, Michigan area, contact Christopher Trainor & Associates. We offer free consultations and we can help you get the compensation you deserve.
In Michigan, trains play a vital role in the daily lives of many, serving as a common means of commuting or traveling for leisure. However, despite their overall reliability, train accidents occur with startling frequency. For example, in 2022, over 950 people were killed in railroad accidents across the United States, marking a significant increase from previous years.
If you have suffered injuries or, worse, lost a loved one in a railroad accident, you may have the right to seek financial compensation for the damages you have endured. The seasoned Lansing railroad accident lawyers at the Law Offices of Christopher Trainor & Associates can help you navigate this difficult time. Contact us today to arrange a complimentary case evaluation and explore your legal options.
Railroad Accident Statistics
Just like accidents involving cars and trucks, human error is the number one cause of railroad accidents. Whether stemming from lapses in judgment, impaired vision, or delayed reactions, negligence frequently plays a role in these tragic incidents. Alarmingly, statistics from the Federal Railroad Administration indicate that a train transporting hazardous materials derails somewhere in the United States about every 14 days. Additionally, the FRA statistics also highlight that trains are responsible for roughly one death every 100 minutes, with nearly 1,000 people succumbing to injuries sustained in train-related accidents every year.
Data from the National Highway Traffic Safety Administration shows that vehicle occupants face a considerably greater risk of fatal injury in train-involved accidents compared to those involving other passenger vehicles. For example, in 2018, 878 people died in railroad accidents nationwide, marking an increase from the 823 deaths reported in 2017.
The Main Types of Railroad Accidents
There are three main types of railroad accidents. They are as follows:
Derailments: A derailment occurs when a train leaves the tracks, which can happen due to various reasons such as track defects, equipment failure, excessive speed, or operator error. Derailments can result in significant damage to property and pose serious risks to passengers and crew members.
Collisions: Collisions involve two or more trains striking each other or colliding with other objects on the tracks, such as vehicles at railroad crossings. These accidents can occur due to signal failures, miscommunication, track obstructions, or human error. Collisions often lead to severe injuries and fatalities.
Railroad Crossing Accidents: These accidents occur at intersections where railroad tracks intersect with roads, highways, or pedestrian pathways. They typically involve vehicles, pedestrians, or cyclists being struck by trains. Factors contributing to railroad crossing accidents include malfunctioning warning signals, obscured sightlines, driver negligence, or inadequate crossing design.
Most Common Causes Michigan Railroad Accidents
Michigan railroad accidents can be caused by numerous factors. Every railroad accident is unique, but here are the most common causes of railroad accidents seen in lawsuits in Lansing and surrounding areas.
Human Error: Mistakes made by train operators, conductors, or other personnel can lead to accidents. This may include errors in judgment, improper signaling, or failure to follow safety protocols.
Equipment Failure: Malfunctioning or defective railroad equipment, including brakes, signals, or track switches, can contribute to accidents. Inadequate maintenance or inspection practices may exacerbate these issues.
Track Defects: Poorly maintained or damaged tracks can cause derailments or other accidents. Issues such as broken rails, misaligned tracks, or insufficient track ballast pose serious risks to train operations.
Weather Conditions: Adverse weather conditions, such as heavy rain, snow, ice, or fog, can affect visibility and traction, increasing the likelihood of accidents. High winds may also pose challenges, especially for freight trains carrying large cargo.
Collisions: Railroad accidents are often caused by collisions with other trains, vehicles at railroad crossings, or pedestrians trespassing on tracks. Inadequate warning systems or barriers at crossings can contribute to these collisions.
Human Factors: Factors such as fatigue, distraction, or impairment of train operators or motorists can lead to accidents. Additionally, pedestrians or drivers may ignore warning signals or attempt to cross tracks illegally, putting themselves and others at risk.
Operational Issues: Problems with scheduling, dispatching, or communication between railroad personnel can lead to accidents or near-misses. Inadequate training or supervision may also play a role in operational failures.
To prevent railroad accidents, ongoing maintenance, rigorous safety protocols, proper personnel training, and public education campaigns on railroad safety are essential. Additionally, improving infrastructure, implementing advanced warning systems, and enhancing communication between railroads and other stakeholders can help mitigate risks associated with rail transportation.
Railroad Companies Operating in Michigan
Several railroads operate in Michigan, facilitating both freight and passenger transportation across the state. Some of the major railroads serving Michigan include:
CSX Transportation: CSX operates extensive freight railroads in Michigan, connecting major industrial centers and ports within the state to national rail networks.
Norfolk Southern Railway: Norfolk Southern operates freight rail lines in Michigan, providing connections to key markets in the Midwest and Eastern United States.
Canadian National Railway: CN operates a significant rail network in Michigan, facilitating freight transportation between the United States and Canada. CN serves major cities and industrial areas in the state.
Canadian Pacific Railway: While not as extensive as CN, Canadian Pacific operates rail lines in Michigan, primarily serving freight transportation needs in the state.
Amtrak: Amtrak operates passenger rail services in Michigan, including routes such as the Wolverine, Pere Marquette, and Blue Water, connecting cities like Detroit, Ann Arbor, Grand Rapids, and Chicago.
Michigan Southern Railroad: Michigan Southern Railroad operates freight rail lines in southwestern Michigan, providing transportation services for industries in the region.
Huron and Eastern Railway: HESR operates freight rail lines in eastern Michigan, serving industries, agricultural facilities, and ports in the area.
These are some of the prominent railroads operating in Michigan, playing crucial roles in both freight transportation and passenger travel within the state and beyond.
Holding a Rail Company or Operator Liable for Damages
Rail companies or operators can be held liable for damages in various situations involving railroad accidents. Some common scenarios where liability may arise include:
Negligence: If the railroad company or its employees act negligently and their actions or inactions lead to an accident, they may be held liable for resulting damages. Examples of negligence include failure to properly maintain tracks, failure to adhere to safety regulations or negligent operation of trains.
Failure to Warn: Rail companies have a duty to warn the public of potential hazards related to railroad crossings or other areas near railway tracks. If they fail to provide adequate warnings, such as proper signage or signals, and an accident occurs as a result, they may be liable for damages.
Defective Equipment: If a railroad accident occurs due to defective equipment, such as faulty signals, brakes, or crossing gates, the manufacturer of the defective equipment may be held liable for damages. The railroad company may also be liable if it failed to properly inspect or maintain the equipment.
Unsafe Conditions: Rail companies are responsible for maintaining safe conditions along their tracks and at railroad crossings. If an accident occurs due to unsafe conditions, such as overgrown vegetation obstructing visibility at a crossing, the rail company may be held liable for resulting damages.
Negligent Hiring or Training: If an accident occurs due to the negligence or incompetence of railroad employees, such as train operators or maintenance workers, the railroad company may be held liable for failing to properly hire, train, or supervise its employees.
Violation of Regulations: Railroad companies are required to comply with various federal and state regulations governing rail transportation safety. If they violate these regulations and an accident occurs as a result, they may be held liable for damages.
Derailments: In cases of train derailments, liability may depend on factors such as track maintenance, train speed, and adherence to safety protocols. If negligence or improper maintenance contributed to the derailment, the rail company may be held liable for resulting damages.
These are just a few examples of situations where a rail company or operator may be held liable for damages in a railroad accident. Liability determinations can be complex and may require investigation and legal analysis by an experienced Lansing railroad accident lawyer specializing in these types of cases.
Can a Manufacturer Be Held Liable for Damages?
Yes, a manufacturer can be held liable for damages in a railroad accident if the accident was caused by a defect in a product manufactured by the company. This concept falls under the legal principle of product liability.
If a defect in a product, such as a locomotive, railway component, or safety device, directly contributes to a railroad accident and resulting damages, the manufacturer of that product may be held responsible for the harm caused. There are generally three types of defects that may give rise to product liability claims:
Design Defects: These occur when there is an inherent flaw in the design of the product, making it unreasonably dangerous even when manufactured according to specifications. A design defect affects every unit of the product.
Manufacturing Defects: These occur during the manufacturing process and result in a product that deviates from its intended design. Unlike design defects, manufacturing defects typically affect only a portion of the products produced.
Warning Defects (Failure to Warn): These occur when a product does not include adequate warnings or instructions about potential dangers associated with its use. Manufacturers have a duty to provide sufficient warnings or instructions to ensure safe use of their products.
In the context of railroad accidents, if a defect in a locomotive, railcar, signaling equipment, or other component contributed to the accident or exacerbated its consequences, the manufacturer of the defective product may be held liable for damages. Plaintiffs in product liability cases must typically demonstrate that:
The product was defective or unreasonably dangerous.
The defect directly caused the plaintiff's injuries or damages.
The plaintiff was using the product as intended or in a reasonably foreseeable manner.
Product liability cases involving railroad accidents can be complex and may require expert testimony to establish the presence of a defect and its causal relationship to the accident. A lawyer with knowledge and experience in both Lansing product liability cases and railroad accident cases can help you pursue a claim against manufacturers for compensation for the damages they caused.
The Railroad Accident Claims Process in Michigan
In Michigan, the process for filing a railroad accident claim typically involves several steps, and it can vary depending on the circumstances of the accident and the parties involved. Generally speaking, you should follow the following steps to ensure the best outcome and protect your rights.
Seek Medical Attention: The first priority after a railroad accident is to seek medical attention for any injuries sustained. Prompt medical care is crucial for your health and well-being, as well as for documenting your injuries as evidence for your claim.
Preserve Evidence: If you are physically able to do so, try to gather evidence at the accident scene. This may include taking photos of the scene, collecting contact information from witnesses, and obtaining any relevant documents or records related to the accident.
Report the Accident: Report the accident to the appropriate authorities, such as the railroad company, local law enforcement, and the Federal Railroad Administration (FRA). Be sure to obtain copies of any accident reports or documentation filed by these authorities.
Consult with an Attorney: It's advisable to consult with an experienced railroad accident attorney as soon as possible after the accident. A knowledgeable attorney can review the details of your case, advise you of your rights, and help you navigate the claims process.
Investigation: Your attorney will conduct a thorough investigation into the circumstances surrounding the accident. This may involve gathering additional evidence, interviewing witnesses, and consulting with experts, such as accident reconstruction specialists or railroad safety experts.
File a Claim: Your attorney will help you prepare and file a claim against the responsible parties, which may include the railroad company, equipment manufacturers, or other potentially liable parties. The claim will outline the damages you are seeking compensation for, such as medical expenses, lost wages, pain and suffering, and property damage.
Negotiation and Settlement: The railroad company and other defendants may attempt to settle the claim out of court through negotiation. Your attorney will advocate on your behalf to seek a fair settlement that adequately compensates you for your damages.
Litigation: If a fair settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit to pursue your claim in court. Litigation involves presenting your case before a judge or jury, and your attorney will represent you throughout the legal process.
Resolution: If your case goes to trial, the judge or jury will ultimately determine the outcome and any damages awarded. If a settlement is reached or if the court rules in your favor, you will receive compensation for your damages as outlined in the settlement agreement or court judgment.
Throughout the claims process, it is important to work closely with your attorney and follow their guidance to ensure the best possible outcome for your case. A skilled lawyer can provide valuable support and advocacy to help you recover the compensation you deserve for your injuries and losses.
Types of Injuries in Railroad Accidents
Railroad accidents can result in a wide range of injuries, varying in severity from minor to catastrophic. Some common types of injuries that can occur in railroad accidents include:
Traumatic Brain Injuries: These injuries can occur if a person's head strikes a hard surface during a collision or if they experience sudden acceleration or deceleration forces. TBIs can range from mild concussions to severe brain damage, leading to long-term cognitive and physical impairments.
Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis, depending on the severity and location of the injury. Spinal cord injuries can have profound and permanent effects on a person's mobility, sensation, and bodily functions.
Fractures and Orthopedic Injuries: Railroad accidents can cause fractures, broken bones, and other orthopedic injuries due to the force of impact or crushing injuries. These injuries may require surgery, immobilization, and extensive rehabilitation to recover fully.
Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, bruises, and contusions, are common in railroad accidents. These injuries can cause pain, swelling, and limited mobility, impacting a person's ability to perform daily activities.
Burn Injuries: In accidents involving fires, explosions, or contact with electrical wires, victims may suffer burn injuries ranging from first-degree burns (minor) to third-degree burns (severe). Burn injuries can cause excruciating pain, scarring, disfigurement, and long-term complications.
Crushing Injuries: Victims of railroad accidents may become trapped or pinned under wreckage, resulting in crush injuries to the extremities or internal organs. Crush injuries can cause tissue damage, compartment syndrome, and even limb amputation in severe cases.
Psychological Trauma: Railroad accidents can have lasting psychological effects on survivors, witnesses, and first responders. Post-traumatic stress disorder, anxiety, depression, and other mental health conditions may develop as a result of the traumatic experience.
These are just a few examples of the types of injuries that can occur in railroad accidents. The specific injuries sustained will depend on factors such as the nature of the accident, the speed of the trains involved, the presence of hazardous materials, and the use of safety equipment by passengers and crew. Prompt medical attention and comprehensive treatment are essential for maximizing recovery and minimizing long-term complications.
Available Compensation for a Lansing Railroad Accident Injury
After a Lansing railroad accident, you may be entitled to various types of damages, depending on the specific circumstances of the accident and the extent of your injuries. Some common damages you may be eligible to seek compensation for are:
Medical Expenses: This includes the cost of medical treatment related to your injuries, such as hospital bills, surgeries, doctor's visits, medication, rehabilitation, therapy, and assistive devices.
Lost Wages: If your injuries prevent you from working or result in a loss of income, you may be entitled to compensation for lost wages, including both past and future income that you would have earned if not for the accident.
Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress caused by the accident and your injuries. This can include both physical pain and emotional suffering, such as anxiety, depression, and loss of enjoyment of life.
Disability and Impairment: If the accident results in permanent disability, impairment, or disfigurement, you may be entitled to compensation for the long-term impact on your quality of life and ability to perform daily activities.
Property Damage: Compensation for damage to your property, such as your vehicle or personal belongings, that was caused by the railroad accident.
Loss of Consortium: If your injuries affect your relationship with your spouse or family members, they may be entitled to compensation for the loss of companionship, support, and services that you would have provided if not for the accident.
Punitive Damages: In cases of extreme negligence or misconduct by the railroad company or other parties, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
It is important to keep detailed records of your expenses and losses related to the accident, including medical bills, receipts, pay stubs, and documentation of your injuries and treatment. An experienced Lansing railroad accident lawyer can help you assess your damages and pursue full and fair compensation for your losses through negotiation or litigation.
Seek Legal Help from our Experienced Lawyers
If you were injured or you lost a loved one in a Lansing, MI railroad accident, you could be entitled to financial compensation for your medical expenses, lost wages, long-term care, and many other damages as well. In the case of a wrongful death, you may be able to get compensation for funeral and burial expenses, as well.
At the Law Offices of Christopher Trainor & Associates, we have decades of experience achieving successful case results for clients injured in Lansing railroad accidents. Call us today at (248) 886-8650 to schedule your free consultation.
