Peoria Train Accident Attorneys
When a train accident occurs, widespread damage and injuries are often the result and many victims may not know where to turn. Hiring a knowledgeable attorney to represent you can be an important step as you seek to hold the at-fault party responsible and pursue compensation for damages.
The attorneys at Phillips Law Group have been helping personal injury victims in Arizona pursue compensation for more than 27 years. We have represented over 155,000 consumer clients while recovering over $750,000,000 in personal injury compensation.
If you or a loved one was injured or killed in a train accident, you may be eligible for financial compensation for your damages. Our Peoria train accident attorneys offer a free consultation and do not charge any fees unless we recover compensation for your claim.
Am I Eligible for Compensation?
Railroad companies have a legal duty to keep passengers, pedestrians, bicyclists and other drivers safe. They need to take reasonable steps to prevent accidents that could result in injuries.
These claims are often based on the legal theory of negligence, and there are four elements of negligence that must be proven:
- Duty of care – There must have been a duty of care owed to you by the at-fault party. For example, train conductors have a legal duty to operate the train safely.
- Breached duty of care – The at-fault party did not uphold the duty of care the way a reasonable person would in a similar situation. This could occur if the train conductor decides to operate the train while intoxicated or under the influence of drugs.
- Causal link – You must be able to prove that there is a direct link between the negligent activity of the at-fault party and your injuries. Using the example above, you would need to prove your injuries would not have occurred if the train conductor had been sober while operating the train.
- Damages were created – Damages may include medical expenses, missed time from work or pain and suffering.
We have many years of experience proving negligence and helping victims obtain compensation.
If you think you have a viable claim, do not hesitate to contact us today for your free consultation. There are no upfront costs and you will not be obligated to hire us for your case.
Liability for a Train Accident
Sometimes multiple parties may be held liable for a train accident. Our lawyers are prepared to thoroughly investigate to determine why your accident occurred and who was at fault.
Some of the parties that may be held liable for a train accident include:
- The train operator
- Railroad company
- Light rail agency
- Track owner
- Train manufacturer
- Parts manufacturer
- Maintenance company
- Government entities
- Other drivers
Call Phillips Law Group today at 1-800-706-3000 with your legal questions.
How Much Compensation Can I Recover?
Since no two train accidents are alike, it can be difficult to determine the exact amount of compensation you may be eligible for without the help of a trusted Peoria train accident attorney.
Some of the types of compensation we can help you recover include:
- Past, present and future medical costs
- Any assistive medical equipment
- Lost wages from missed work
- Lost earning capacity if you cannot return to work
- Property improvements needed due to your injury
- Pain and suffering
- Mental and emotional trauma
- Permanent scarring
- Loss of consortium
- Loss of enjoyment of life
The amount of compensation you may be eligible for depends on the severity of your damages and how they have negatively affected your life.
When Should I File My Claim?
The statute of limitations in Arizona only allows two years after the date of the accident to file a personal injury claim. If you fail to submit your claim before the deadline, you may lose the right to be compensated for your injuries through a lawsuit.
However, since every case is unique, there may be instances where this deadline may be extended or shortened, depending on the details of your claim. For example, if the claimant was under the age of 18 at the time of the accident, he or she has until two years after his or her 18th birthday to file a claim.
If the claim is against a government entity, notice of claim must be provided within 180 days of the accident. For example, this could include a claim against a government entity that owned the track where the accident occurred.
The deadline for filing a claim is something our experienced Peoria train accident lawyers can discuss in a free consultation.
Contact a lawyer today before it is too late to file your claim. Call Phillips Law Group at 1-800-706-3000.
How Can a Lawyer Help with my Case?
Since train accidents can occur for many different reasons, it can be difficult to investigate your case without the help of a qualified train accident lawyer.
There are many steps we are prepared to take to help build a robust case on your behalf:
- Obtaining black box information from the train
- Collecting evidence from the scene of the accident
- Taking pictures of the scene of the accident
- Taking pictures of your injuries
- Obtaining accident reports
- Obtaining medical records
- Interviewing witnesses
- Speaking with insurance companies
- Assessing your damages
- Verifying claim deadlines
- Negotiating fair compensation
- Consulting with industry experts (if necessary)
- Preparing your case for trial (if necessary)
Perhaps one of the most important advantages to having a knowledgeable lawyer on your side is having him or her handle all communication with the insurance adjusters.
Since insurance companies are in the business of saving money, as opposed to giving it out, they are usually looking for ways to devalue your claim. They may act like they are interested in your well-being, but they are trained to try to get victims to say things that damage their credibility and the value of their claim. For example, they may act like your friend in hopes you will say your injury is not that bad, which is a type of statement that could be used against you.
Our Peoria train accident attorneys know how to protect the value of a claim. We are here to protect your best interests and do not get paid unless you do.
What Causes Train Accidents?
While there can be various reasons why train accidents occur, two of the most common are equipment failure and human error.
Some of the more common human errors are:
- Failing to apply the brakes when necessary
- Failing to inspect for safety issues
- Lack of maintenance
- Not following safety regulations
- Operating the train while distracted
- Operating the train while intoxicated or under the influence of drugs
- Other drivers, pedestrians or bicyclists disobeying railroad crossing signals
We depend on technology more than ever nowadays, but there are many instances where train accidents are caused by faulty or poorly-maintained equipment, such as:
- Faulty brakes
- Damaged or defective tracks
- Warning lights failing to turn on
- Faulty switches
- Electrical shortages
- Broken gate arms
- Defective handrails inside the cars
If you believe your train accident was caused by either human error or equipment failure, you may have the right to file a claim and receive compensation. Our Peoria train accident attorneys have access to industry experts who can help validate the exact cause for the accident.
Get in Touch with a Peoria Train Accident Lawyer Today
Phillips Law Group has been helping injury victims and their families recover the compensation they need for over 27 years. We represent injury victims throughout Arizona and our founding partner Jeffrey Phillips has obtained compensation in several Arizona counties, including Maricopa, Navajo, Mohave, Pima, Pinal, Gila and Yavapai.
Phillips is a Top 25 member of the Motor Vehicle Trial Lawyers Association and has been recognized as a member of the National Trial Lawyers Association – Top 100.
There is no risk involved with our free consultation. You will not be obligated to have us represent you and you will not be charged any legal fees unless we win compensation for your case.