Glendale Train Accident Lawyer
Whether a passenger on a commuter train, or a pedestrian, bicyclist or motorist at a railroad crossing, if you are injured by a train, you may have a long road of recovery ahead of you. You may be left with costly medical bills, lost wages from missed time at work, and irreversible pain and suffering.
Filing a personal injury claim may help you obtain compensation you need, which is why we encourage you to consult with a Glendale train accident lawyer as soon as possible. Our legal team at Phillips Law Group have more than two decades dealing with these types of cases. Our commitment is always to protect the rights of the injured, and our proven success is in the millions in compensation we have recovered for our clients, including a $750,000 settlement for a victim injured at a railroad crossing.
Let us review your claim during a free consultation at no risk or obligation to you. We are available to talk with you 24/7. Should you have a case and decide to move forward, there are no upfront legal fees for our services. We only get paid at the end of the legal process if we help you obtain compensation.
Call 1-800-706-3000 to learn more about your rights.
Who May Be Liable For My Injuries?
Train accident cases can be very complicated because multiple parties could potentially be held liable. Railroad companies have an obligation to provide safe passage on their trains, but also have a responsibility to build and maintain safe stations and crossings.
The specifics regarding which party, or parties might be liable for your accident can be determined after a thorough investigation. Some of the parties who may share liability for your train accident injury include:
- The conductor
- Train operator
- Train manufacturer
- Track owner
- Railroad company
- Light rail transit agencies
- Certain city/state operators or administrators
Determining who is at fault can be difficult and time-consuming. You do not have to deal with this alone.
Engaging the services of a qualified attorney soon after the accident can provide a much-needed opportunity to evaluate the accident scene while the evidence is still intact. Our Glendale truck accident attorneys are ready to build a strong case by collecting the following information:
- Black box containing data about the train
- Examination of railroad crossings
- Your medical records
- Photos of the accident scene and your injuries
- Testimonials from eyewitnesses or other passengers
- Railroad accident reports from the National Transportation Safety Board
Have questions about the legal process? Call 1-800-706-3000 for answers.
Establishing Negligence After a Train Accident
Railroad companies are legally bound to comply with federal and state regulations to meet a certain standard of care. Failure to do so is considered negligence and could result in an accident.
If you or a loved one was injured in a train accident, the first thing you will need to establish in order to bring forth a possible personal injury lawsuit is if the at-fault party acted negligently. This requires four elements of negligence to be proven:
- Duty of Care – The at-fault party owed you a duty of care. For example, a railroad company is obligated to ensure that employees have the proper training required to do their job safely as well as maintaining a safe environment for all passengers.
- Breach of Duty – The at-fault party breached that duty by acting or failing to act in a certain way. A breach of duty could include providing poor or non-existent training or lax safety measures.
- Causation – The at-fault party’s actions or inaction must have directly caused your injuries. For example, if the train operator not been speeding, you would not have been injured in a collision.
- Actual Damages – The at-fault party’s actions caused to suffer actual damages. This could include medical bills outlining treatment for your injuries and wage statements from your employer to show that you were unable to work for some time due to the accident.
The licensed Glendale train accident lawyers at our firm have many years of combined legal experience seeking maximum compensation on behalf of our clients. We are available 24 hours a day, seven days a week to review your claim and determine if negligence led to your injuries.
What is My Case Worth?
Train accidents are caused by different circumstances, and the full value of your case can only be determined after all factors are considered. However, it is worth noting that insurance companies involved in a train accident claim process are going to try to get out of paying you for your injuries, or at the very least, offer you a lowball settlement.
This is why we encourage injured victims to not speak to an insurance company until after he or she has arranged for legal representation. Our lawyers are well-versed in Arizona railroad safety laws and we know how to protect your claim from the tactics these companies often use.
The types of damages you may be eligible to recover for your injuries could include the following:
- Medical bills (existing and future costs)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Partial or full disability
- Scarring and disfigurement
- Loss of consortium or companionship
Punitive damages may be available under Arizona law. In some rare cases, these damages are awarded only if the train accident was determined to be caused by a malicious or intentional act. Punitive damages are meant to punish the at-fault party for their actions while also deterring others from doing the same.
How Long Do I Have to File a Claim in Arizona?
The time limit for someone injured in a train-related accident is generally two years from the date of the accident. However, train accident cases can be complex and in some situations, that filing deadline may be extended or shortened.
For example, if you were injured on an Amtrak train or the Valley Metro Rail, you may have even less time to file your claim. Amtrak falls under federal jurisdiction, while the light rail falls under local government control. Since both are under government entities, in most instances you are required to file a Notice of Claim within 180 days of the incident and the ensuing lawsuit within one year from the date of the injury.
If you wait too long to pursue legal action, your options may become greatly limited – or you may run out of time to file altogether. We recommend contacting an attorney from our firm to review the specific details of your situation and discuss the options that may be available to you during a free consultation. We want to make sure your rights are protected and that you do not miss any important deadlines.
Causes of Train Accidents and Injuries Sustained
Train accidents are often the result of many causes including human error and equipment failure. Human error could include speeding, failure to apply brakes, and distracted or impaired operation of a train that could cause the train to derail and collide with another approaching train, pedestrian or motor vehicle.
Faulty equipment could also cause derailment and/or collision with other objects on or near the tracks:
- Malfunctioning brakes
- Malfunctioning warning lights or bells, sounds and gate arms
- Faulty communication equipment
- Defective or broken handrails on rail cars
- Defective or broken rails
- Faulty or poorly-lined switches
Unfortunately, due to the sheer size and weight of trains, an accident increases the chances of obtaining serious or fatal injuries. These injuries may include:
- Broken bones
- Sprained/strained joints
- Crushed injuries
- Internal bleeding
- Traumatic brain injuries
- Spinal cord injuries
- Loss of limbs
Our Glendale train accident attorneys understand how life-altering these injuries can be, not to mention the costly medical expenses to treat these injuries and the lengthy recovery process. We are prepared to protect your rights throughout every step of the claims process so that you recover fair compensation.
How Phillips Law Group May Be Able to Help
Train accidents often result in lengthy, complicated legal battles because there are multiple parties involved that fight hard to reduce their liability, as well as payouts to injured passengers. Here are some of the ways our knowledgeable and experienced legal team may be able to help if you have a case:
An attorney from our firm will gather documentation related to your claim, such as your medical records, medical bills and insurance policy details. These documents will also help us better understand the extent of your injury so that we can accurately calculate the value of your damages for compensation.
An attorney from our firm will investigate the accident in great detail to gather the necessary evidence to help prove that negligence occurred. He or she may review police records, dashcam footage, security camera footage as well as photographic evidence of the scene and your injuries to help build your case.
Train accident victims are often forced to face intimidating insurance companies and legal teams from the other party at a time when they are in a very vulnerable state, both physically and emotionally. These insurers and attorneys know this and will aggressively seek to reduce the value of your damages.
An attorney from our firm will negotiate with the insurance company on your behalf to help you obtain the compensation you may be eligible for. In the event that settlement negotiations are unsuccessful, he or she is prepared to go trail and present your case in the strongest way possible.
Contact a Glendale Train Accident Attorney Today
The last thing you should have to think about after a train accident while you are trying to heal is how to care for yourself and your family. Our Glendale train accident attorneys are prepared to help you navigate the complicated legal process to try to seek maximum compensation for your injuries and other losses so you can focus on your recovery.
Contact Phillips Law Group today to find out how we may be able to help. Our initial consultations are completely free, and we do not charge any upfront fees if we represent you. We only get paid if you do.
Our main office is located about 25 minutes away from the BNSF Railway.
Call our Glendale office now at 1-800-706-3000.