Train accidents almost always involve significant damage because of the massive weight and high speed of trains and the contents of their cargo. Train derailments involving hazardous materials can lead to fires, explosions, environmental harm, and expensive cleanup efforts.
Hiring the best train accident attorneys is essential to protect your rights if you're involved in a train accident. Train accidents can be complex, involving multiple parties, insurance companies, and liability issues. Experienced attorneys like Cohan PLLC can help you navigate the legal process, investigate the accident, and ensure you get the maximum compensation, especially if you suffered long-term injuries or disabilities due to the accident.
What Causes Train Derailments?
Train derailments can happen for various reasons, often resulting from a combination of factors. Some common causes of train derailments include:
Track Defects: Problems with the condition of the track itself, such as broken rails, worn-out ties, or misaligned switches, can lead to derailments. Regular track maintenance and inspections are essential to prevent these issues.
Equipment Failure: Mechanical failures in the train's components, such as malfunctioning wheels or axles, can cause derailments. Routine maintenance and rolling stock inspections are critical to identify and address potential problems.
Human Error: Train operators and railway personnel can make mistakes that lead to derailments. Errors in switching tracks, miscommunication, or failing to adhere to safety procedures can all contribute to accidents.
Excessive Speed: Trains that travel at speeds exceeding safe limits for the given track and conditions can experience derailments. Speeding can cause increased stress on the track and the train itself, leading to instability.
Overloading: Trains that are overloaded or have imbalanced cargo can become unstable, making derailment more likely. Proper loading and weight distribution are crucial for train safety.
Aging Infrastructure: Older rail infrastructure may be more susceptible to failures and defects, making regular maintenance and upgrades essential for safety.
Human Fatigue: Fatigue among train operators or maintenance crews can lead to lapses in judgment and slower reaction times, increasing the risk of derailment.
Preventing train derailments requires a comprehensive approach that includes regular maintenance, inspections, safety training, and adherence to established protocols. Technological advances, such as using sensors and automated safety systems, have also significantly reduced the risk of derailments and enhanced railway safety. If you are in a train accident, the Cohan PLLC investigative teams will act immediately to compile evidence to determine the likely cause of the train accident and who is legally responsible for your injuries.
Frequently Asked Questions About Train Accidents
Q: Can I sue if I was in a train accident or hurt at a railroad crossing?
A: Whether you can sue for a train accident or injuries sustained at a railroad crossing depends on various factors, including the circumstances of the accident. In many cases, individuals injured in train accidents or at railroad crossings may have grounds to pursue legal action. Still, it's essential to consult with experienced attorneys like Cohan PLLC to evaluate the specifics of your case. During our free initial consultation, we will help you determine if negligence, equipment failure, improper maintenance, or any other factors played a role in the accident and whether there is a basis for a lawsuit. Remember that statutes of limitations apply, so contacting Cohan PLLC immediately is vital if you believe you have a valid claim.
Q: What should I do immediately after a train derailment?
A: If you are involved in or witness a train derailment, it's essential to take immediate action to ensure your safety and the safety of others. Here are steps to consider:
Ensure Personal Safety: First and foremost, focus on your safety. Move away from the accident site to a safe distance to avoid potential hazards like fires, explosions, or further derailments. Be aware of any oncoming trains.
Check for Injuries: Assess your injuries and those of others nearby. Call 911 or emergency services immediately to request medical assistance for injured people.
Evacuate the Area: If you are near the derailment site and it's safe to do so, move away from the scene. Encourage others to evacuate, especially if you believe hazardous materials are involved.
Document the Scene: If it's safe, document the accident scene by taking photos or videos. This can be valuable for insurance claims or legal purposes.
Preserve Evidence: If you believe the derailment was due to negligence or misconduct, preserve any evidence that may be relevant, such as the condition of the tracks, signals, or the train itself.
Seek Medical Attention: Even if you don't appear to be seriously injured, it's advisable to seek medical attention after a train derailment. Injuries may not be immediately apparent, and medical professionals can assess your condition.
Consult an Attorney: If you suspect negligence or have suffered significant losses in a train accident, you must consult with experienced trial lawyers like Cohan PLLC, who understand train accidents, can help you navigate the legal complexities, and get you the compensation you deserve.
Q: What does it cost to hire a train accident lawyer?
A: At Cohan PLLC, we operate on a contingent fee basis. Contingency fees offer an essential advantage to individuals seeking legal representation, particularly in personal injury cases like train accidents. With this fee structure, clients pay no upfront legal fees, and the financial risk is shifted to Cohan PLLC. We only get paid if we secure a settlement or win the case in court. This means you do not pay anything unless we win your case. This arrangement aligns Cohan PLLC’s interests with our client's, emphasizing the pursuit of making responsible train operators like Union Pacific, BNSF, and Amtrack responsible for their negligence.
Q: How much compensation will I receive after a train accident?
A: The compensation you may receive after a train accident can vary widely and depends on several factors. These factors include the severity of your injuries, the extent of property damage, the circumstances leading to the accident, and liability determinations. Additionally, insurance coverage and the presence of any responsible parties, such as the train operator or maintenance company, can influence the compensation amount. Individuals involved in train accidents may be eligible for compensation to cover medical expenses, property damage, lost wages, pain and suffering, and more. Consulting with experienced train accident attorneys like Cohan PLLC is essential to assess the specifics of your case and determine the potential compensation you may be entitled to pursue through legal action or insurance claims.
Getting the Compensation You Deserve Requires Significant Resources
Train operators like Union Pacific, BNSF, and Amtrackhave significant money and manpower, which they use to pressure accident victims into walking away or accepting settlements for far less than they deserve. In order to fight for the jury award you are entitled to as a victim of an their negligence, you will need to match their resources. Hiring Cohan PLLC will allow you to hire experts to consult with and testify at trial and will allow you to use cutting-edge technologies to prove your case to a jury. The attorneys at Cohan PLLC have the experience and dedication to seek the maximum compensation available under Nevada law.
Our initial consultation is always 100% free. You will not owe us any money unless we win. Our train accident attorneys are always waiting to help.
We’ve committed ourselves to represent the victims of every kind of accident—so they can get everything they need to recover.
Our firm will do whatever it takes to help you recover.
Call (702) 623-3579 or fill out our contact form!
Chasen Cohan, Esq. is the founder of Cohan PLLC. Mr. Cohan is a licensed attorney who also possesses FINRA Series 7 (Registered Representative) and Series 63 (Uniform State Representative) licenses, state insurance licenses, and State Securities Registrations in Nevada, Missouri, and North Carolina. Mr. Cohan is admitted to practice law before the Nevada Bar, all Nevada State and Federal Courts, and the United States Court of Appeals for the Ninth Circuit.
Mr. Cohan’s representative clients have included: Wal-Mart Stores, Inc., Sam’s West, Inc., MGM Grand Resorts International, New York-New York Hotel & Casino, Mandalay Corp., The Treasure Island Hotel and Casino, The Cosmopolitan of Las Vegas, The Mirage Casino-Hotel, South Point Hotel & Casino, American Express, Barclays, US Bank, Wells Fargo, Citibank, and various life insurance companies and service providers.
Mr. Cohan is a Las Vegas native who graduated with honors from UCLA with a Bachelor of Arts degree in Political Science. Mr. Cohan received his Juris Doctorate from the University of Texas School of Law. During law school, Mr. Cohan served as a clerk for the Office of the Texas Attorney General and a Judicial Extern for United States District Court Judge James R. Nowlin.
Clients from global brands and middle-market companies to innovative startups and individuals trust Cohan PLLC to resolve their trickiest legal disputes. Whether that’s litigation in state or federal trial and appellate courts in Nevada; investigations and enforcement actions before government agencies; or mediation, arbitration, and regulatory agency proceedings. Cohan PLLC has litigated hundreds of millions in dollars of claims on behalf of corporate litigants. As a result of this experience, Cohan PLLC has been afforded the opportunity to selectively act as Plaintiff’s counsel on complex, personal injury matters.