Scottsdale Train Accident Lawyers
Railroad companies have important regulations they must follow in the event of a catastrophic injury or death. When they violate their duty to uphold public safety, they may be held liable for any damages caused. Train accident victims usually have a long road of recovery ahead of them and are often left with expensive medical bills, lost wages from missed time at work and irreversible pain and suffering. Hiring an experienced lawyer who handles these types of cases can be an important part of the recovery process.
The legal team at Phillips Law Group has more than two decades of experience recovering millions in compensation for our clients. This includes a $750,000 settlement for a victim injured at a railroad crossing.
Let our Scottsdale train accident lawyers review your claim during a free consultation at no risk or obligation to you. We are available 24/7 over the phone or online. We can discuss your legal options and you can decide if you want to move forward. We charge 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 discuss your possible options.
Who Could Potentially Be Held Liable?
Train accident cases can be complex because multiple parties could potentially be held liable. This is why it is important to consult with an experienced bus accident lawyer who can investigate the accident and determine possible parties who may be legally responsible for it. Some of these parties could include:
- The conductor
- Train operator
- Manufacturer of the train or its parts
- Track owner
- Railroad company
- Light rail agencies
- Governmental operators or agencies
Determining who is at fault can be complicated, but you do not have to do this alone. Retaining the services of a qualified attorney as soon as possible after the bus accident could strengthen your claim for compensation. Our legal team is prepared to review your situation and answer any questions you may have about the legal process during a free and confidential consultation.
Do I Have a Claim for My Train Accident Case?
As common carriers, railroad companies are required to comply with state and federal regulations to ensure the safe passage of travelers. They must meet a certain standard of care and if they fail to do so, they may be found negligent if an accident occurs.
To establish negligence, you must be able to show these four elements:
- Duty of care – You must show the at-fault party owed you a duty of care. This duty may be based on a specific law or on what a reasonable train company or conductor would do under the same circumstances.
- Breach of duty – Then, you must show that the at-fault party breached that duty. The party may have acted in a certain way, such as allowing unskilled conductors to operate the train or providing poor training. A breach of duty can also be based on failing to act in a certain way, such as not properly maintaining the tracks.
- Causation – You must show the cause and effect between the at-fault party’s actions or inactions and your injuries. For example, you might show that because the operator was speeding, you were thrown from your seat and injured.
- Damages – Even if the at-fault party breached the duty, there will be no claim unless you can prove that you were harmed in some way. This harm may be financial in nature, such as having to incur medical expenses or lose wages. It could also be physical, such as actually suffering physical injuries that caused you pain and suffering.
The licensed Scottsdale train accident lawyers at our firm are available 24 hours a day, seven days a week to review your claim and determine if negligence may have played a part in the collision and your injuries.
Free Consultation. Ph: 1-800-706-3000.
What is the Value of My Case?
Every train accident case is different and is based on the actual damages the victim sustained. This is why we encourage injured victims to seek legal representation. Our lawyers at Phillips Law Group can provide you with a more accurate idea about the potential value of your claim during a free consultation.
Possible damages you may be eligible to recover include:
- Past, current and future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of consortium or companionship
Punitive damages may also be available under Arizona law in some rare cases. These types of damages are only awarded if the accident was caused maliciously or intentionally and are meant to punish the at-fault party for their actions while deterring others from doing the same.
How Long Do I Have to File a Claim in Arizona?
Under Arizona Revised Statute Section 12-542, bus accident victims generally have two years from the date of the accident to take legal action. However, there may be exceptions when the deadline may be shortened or extended.
For instance, in the event you were injured on an Amtrak train or the Valley Metro Rail, you may have only 180 days to file your Notice of Claim and only one year from the date of the accident to file a lawsuit. This is because Amtrak is under federal jurisdiction and the light rail is under local government control, so both are governed by claims against governmental entities.
If you wait too long to pursue legal action, you may be barred from filing your claim and miss out on the compensation you might have otherwise received. We recommend contacting our legal team to review the specific details of your situation and discuss your legal options during a free consultation.
Common Causes of Train Accidents
Train accidents can be caused by a number of different things. Two of the most common causes are human error and equipment failure.
Human-errors are caused by factors such as:
- Not following safety rules
- Failing to apply brakes at the proper time
- Not following right-of-way rules correctly
- Distracted operation of the train
- Impaired operation
Equipment failure may cause serious train accidents or derailments. This could include:
- Malfunctioning brakes
- Defective or damaged tracks
- Warning lights not turning on
- Malfunctioning bells or gate arms
- Defective handrails on rail cars
- Faulty switches
How Can Phillips Law Group Help Me?
If you or a loved one was harmed in a train accident, we recommend that you contact a reputable Scottsdale train accident lawyer at Phillips Law Group. Our legal team is prepared to handle all the legal aspects involved should you have a case while you focus on what really matters – your recovery.
An attorney from our firm can investigate the train accident to identify all responsible parties. He or she can gather important evidence to build a strong case, such as the black box data from the train, your medical records, railroad accident reports and photos of the scene of the wreckage to better understand the accident and to substantiate your injuries. We will use this information and our extensive knowledge of Arizona railroad safety laws to try to negotiate for the maximum compensation available for your case.
Contact a Scottsdale Train Accident Lawyer Now
At Phillips Law Group, we have a proven track record of obtaining millions in compensation on behalf of our clients for the past 27 years. To date, we have recovered more than $750,000,000. Our Scottsdale train accident lawyers are ready to help you navigate the complicated legal process to obtain fair and just compensation for the damages you have suffered.
Contact Phillips Law Group today to learn how we may be able to help. Our initial consultations are always free and we do not charge any upfront fees for our services. We only get paid if you do.
Our law office is located approximately 25 minutes from the BNSF Railway.
Need legal help? Call our office today at 1-800-706-3000.