Trains and railroads are essential to public transportation in the busy city of Detroit, MI. However, there is always the risk of an accident. Whether they are caused by human error, improper maintenance, negligence, defective equipment, or other factors, train and railroad accidents can have devastating outcomes that result in significant losses, including costly medical bills, lost wages, serious injury, and, tragically, death.
If you or a loved one has been injured in a train or railroad accident in Detroit, MI, you don’t have to deal with the aftermath and financial burden alone when you have a Detroit train accident lawyer on your side. The experienced train railroad accident lawyers in our law firm have a deep understanding of the complex laws and regulations governing the railroad industry according to Michigan law.
Contact us for a free consultation today to discuss your case and unique circumstances and outline the best course of action. With just one phone call, you can have the peace of mind you deserve by empowering yourself with the legal knowledge and advocacy you need for your railroad injury claim.
The rich history of Detroit MI is intertwined with trains and railroads, both for commerce as well as public transportation. The state of Michigan is home to 26 railroads which include four Class I railroads, a special type of railway carrier. The backbone of the economy is freight rail, with major freight operators including Norfolk Southern and CSX.
On the passenger side is the DDOT, the larger public transit provider, which serves Detroit, surrounding suburbs, and neighboring cities such as Highland Park and Hamtramck. Commuters tend to choose the Detroit People Mover, while trains rank fourth. Another option is the QLine, which takes people through a scenic and leisurely ride through the heart of the city. Amtrak also runs through Detroit to provide passenger services to major cities across the country.
Whether you’re a train passenger who was hurt in a train wreck or a worker who was injured while working for a railroad company in Detroit, MI, we encourage you to contact the Detroit train accident lawyers at Christopher Trainor & Associates.
Although train accidents don’t occur as frequently as other transportation accidents, when they do occur, they often result in serious injury. Following are some statistics on train railroad accidents from the Federal Railroad Administration’s train accident reports:
The Michigan Railroad Commission regulates railroads in the state, with the Railroad Act of 1993 codifying the laws relating to railroads and their employees. An injured railroad worker or a railroad vehicle driver who’s had an on the job injury is not uncommon when a Detroit train accident or a Detroit railroad accident has occurred.
Fortunately, injured railroad workers have rights as do other injured workers according to Michigan law. The difference in this type of workplace injury is that railroad worker injuries, illness, or death are not covered by Michigan workers’ compensation law but by FELA, the Federal Employers Liability Act, codified at 45 U.S.C. § 51-60. FELA applies as long as the injured railroad worker can prove to a jury that the employer supplied defective equipment or was somehow otherwise negligent as part of establishing fault. Financial compensation is available should you have grounds to file a FELA claim.
If you are a railroad worker or a railroad vehicle driver who’s sustained injury while on the job, we invite you to learn about your legal rights with a free case review with one of our Detroit train railroad accident attorneys. We can determine whether there is evidence that your injury was caused in whole or in part by the negligence or fault of the railroad company, including its failure to provide you with a safe place to work. Our Detroit railroad accident lawyers are also knowledgeable and experienced in filing FELA claims.
The frequent causes of train accidents and railroad accidents in Detroit MI are much the same as elsewhere in the United States. Some of the most common causes of the most serious accidents involving Detroit trains and railroads are as follows:
Many train accidents involve the vehicle driver, passengers, and some passersby. Most occur at railroad crossings where cars try to get ahead of the train. The cause likely is one of the following:
There are several different possible at fault parties in railroad accident cases involving negligence:
A common contributing factor to negligence is obsolete technology that is still frequently in use for trains and railways in Detroit MI. The main issue in improving railway safety by updating the technology is adequate funding. By the end of 2018, Congress required all Class I main lines that carry hazardous materials, passenger trains, or both to have Positive Train Control. PTC is technology that decreases the risk of train accidents such as grade crossing accidents, collisions between trains, and train derailments due to high speeds. Approximately two-thirds of U.S. commuter railroads failed to meet this deadline, however, and PTC is currently only in operation in 45% of freight railroad tracks and 24% of passenger railway tracks.
Another contributing factor is a lack of warnings at railroad crossings. Gates, lights, and other warnings should be visible even during nighttime.
Train accidents can easily happen due to an inexperienced conductor. Even seasoned train vehicle drivers can have poor judgment that harms passengers and other people. A common problem with either is fatigue and due to pressure from the railroad company and their supervisors, they operate the train regardless. Impaired reactions and vision issues can result and contribute to serious accidents.
There are times when the train operator or railroad company is not at fault. In other cases, a distracted or reckless pedestrian can cause a train collision by crossing or standing on the tracks while a train is approaching. In other instances, a motor vehicle driver can cause a train accident by trying to beat the train across a crossing or leaving their vehicle parked on the train tracks. Such victims experience the worst in a railroad accident, including spinal cord injuries and death.
Some train accidents are unavoidable even when the railroad company and workers follow all safety procedures, as is the case with mechanical failure or defective parts. The moving parts in the complex systems that make up trains must function perfectly as a whole. If an important piece of safety equipment (such as a rail signal) or guidance equipment (such as a rail switch) fails, a deadly accident can occur.
Excessive, reckless speeding can lead to serious injuries and fatalities with any vehicle, including trains. Like with other vehicles, the higher the speed, the higher the likelihood of derailment and devastating consequences.
A common issue with tracks is obstruction in the train path. Although conductors should always be aware of their surroundings to avoid a train accident, they cannot always see obstacles or see them ahead of time enough to stop a collision from occurring.
A train running off its rail is known as a derailment, but a derailment doesn’t necessarily involve leaving the tracks if it is minor enough. It is due to either defective wheels, broken rails, mechanical track failure, a collision with another object, or a conductor error. Serious train accidents can occur from a derailment with a fast-moving train.
Unprotected or uncontrolled railroad crossings are crossings without sufficient warning signs such as warning signs, gates, and red lights. More than half of all railroad accidents throughout the United States occur at unprotected crossings, and more than 80 percent of crossings lack adequate warning warnings. Funding has been previously raised to address the issue of inadequate rail crossing safety in Detroit MI, and people are encouraged to report any unprotected railroad crossings to the railroad company.
Common causes of railroad accidents that occur at unprotected crossings are:
It is rare for cars to get stuck on railroad tracks. Instead, what usually happens is that a driver stalls out when they slow down due to a poorly tuned engine to cross bumpy grades. If you are ever in this situation, you must first try to start the car again. If it won’t start, put the car in neutral and, if possible, ask someone for help to push it off the tracks. If the train is quickly approaching, leave the car to save your life.
It is unfortunate when suicides occur. Some people sadly choose to stand on the railroad tracks or jump in front of a train to commit suicide, which is often a guaranteed fatality. Doing so can also endanger the lives of bystanders, train crews, passengers, and emergency responders.
Regardless of the train accident or railroad accident you sustained, a Detroit train accident lawyer from our law firm can help. By determining the type of accident that occurred based on our discussion with you, we can inform you about how we can ensure that the railroad company is held liable.
Train accidents and railroad accidents are a type of personal injury. The Michigan law for establishing liability in railroad injury claims usually invokes the legal theory of negligence, meaning it must be proven that there was an important omission or a lack of duty of care by the responsible party that resulted in damages to another. Responsible parties can include railroad companies, train companies, and manufacturers. Injured victims can be railroad workers, motor vehicle drivers, train conductors, passengers, and passersby.
Most injured workers pursue compensation for their damages by filing workers’ compensation claims with a third-party insurance company. Workers’ compensation does not require proving any negligence on the part of the employer and provides no-fault benefits. For injured workers in the railroad industry, their claims are automatically FELA cases, which allow them to sue their employers and avoid dealing with insurance companies at all.
Railroad work is uniquely dangerous and so involves a different standard of negligence and potential benefits. Because Michigan is a comparative negligence state, any Detroit railroad accident must also adhere to determining the extent to which each party is at fault for the injuries sustained. The 50% Bar Rule states that if the railroad worker is 50% or more at fault for the accident, they cannot recover compensation for damages.
To determine fault and proper financial compensation for all damages, the details of a train accident must undergo a thorough investigation. The Federal Railroad Administration has been bestowed with the authority and responsibility to promote and oversee railway safety regulations with the Department of Transportation Act of 1966. According to this act, train companies and railroad companies are legally obligated to maintain the highest level of safety for all passengers. Their legal obligation includes the installation of a black box on all locomotives to record information in the event of an accident. Railroad workers also have the right to a safe workplace in Michigan.
Besides the potential of several responsible parties is the potential of multiple factors involved in a Detroit train accident, especially a serious or fatal one. These complicated details make it essential to hire an experienced train accident lawyer in Detroit MI with a history of successful verdicts.
In the event any passengers or passersby are injured in a train accident or railroad accident in Detroit MI, it is necessary to deal with the insurance company of the train company or the railroad company. They will fight every step of the way to avoid giving injured victims fair financial compensation, and will likely offer a quick payout in exchange for a low amount – one that does not provide sufficient restitution for economic and noneconomic damages.
Our Detroit train accident lawyers believe you deserve maximum compensation for all of the damages you’ve sustained according to your unique circumstances. When you hire an experienced train accident lawyer from our law firm, our legal team will make sure to seek maximum compensation after a thorough investigation of your case.
We can provide thorough legal counsel and aggressive legal representation for our clients and effectively navigate the legal landscape of this type of accident in the personal injury field. We will always seek maximum compensation on your behalf.
Our compassionate and skilled legal team is available to provide the guidance and support you need, Whether you want to confirm whether you can recover damages for your trail accident or railroad accident, seek advice for your unique case, or want to hire a Detroit train railroad accident lawyer, you can rest assured that we’ve helped hundreds of train accident victims seek justice and recover financial compensation for all economic and noneconomic damages.
The main reason to seek a Detroit train and railroad accidents lawyer is to become more familiar with the legal process and your legal options for pursuing compensation. If your accident occurred on a railroad or involved a train in Detroit MI, it is extremely beneficial to seek legal advice with a free consultation from a lawyer serving the area who is knowledgeable and experienced with this type of personal injury. Also, accident lawyers only accept cases for a contingency fee, meaning they do the work to pursue compensation which will later pay for their legal representation out of your settlement. You don’t pay anything until your lawyer wins your train accident claim or railroad accident claim.
Although economic loss compensation is the primary consideration, non-economic compensation is also important. Whether you’re a railroad worker, a passenger, a motor vehicle driver, or a passerby who was injured in a railroad accident or train accident, you may have the right to both types of restitution for damages.
All financial expenses incurred from the train accident, including lost wages, medical bills, medical expenses, and any other expenses dealing with your recovery.
Non-economic damages provide restitution for intangible losses including an extended recovery period, chronic pain, emotional trauma, permanent disability, disfigurement or scarring, and reduced quality of life. For surviving relatives of a wrongful death victim, they can recover their loved one’s medical care expenses, funeral and burial expenses, loss of financial support, and loss of care and companionship.
Here are some steps you should take in the event you find yourself injured due on a train or at a railroad in Detroit.
Immediately, your attorney will begin their own process to:
The deadline for filing a Detroit train railroad accident injury lawsuit is three years from the date of the injury or accident. With the exception of minors, this deadline applies to all injured victims. This is known as the statute of limitations for personal injury matters in Detroit.
Here are some tips on how to prevent train accidents or railroad accidents from occurring:
Our attorneys at Christopher Trainor & Associates are confident that we can provide the effective legal representation you need to pursue maximum compensation. Whether you’re an injured railroad worker or a passenger, pedestrian, or passerby who was hurt in a train wreck in Detroit MI, we can inform you of your legal options and assist you with filing a train accident claim or railroad accident claim. Contact us today for your free consultation by using the form or calling us at 248-886-8650.
