While relatively rare, collisions involving trains can lead to catastrophic injury and change the lives of those involved forever. If you or a loved one have been involved in a train accident, please, contact our Denver personal injury attorneys at Dan Caplis Law to find out how we can help. We will listen to your story and ensure that you have a full understanding of your legal options.
According to the Injury Facts, nearly 1,000 are killed and another 6,700 were injured in incidents involving railroads in the United States in 2023 alone. Pedestrians and occupants of motor vehicles are at particular risk when using railroad crossings. If you are a pedestrian who has suffered injuries from a railroad crossing accident, contact our Denver pedestrian accident attorneys and call (303) 770-5551 today for a free and confidential case evaluation.
Why Dan Caplis Law is the Right Firm for Train Accident Cases in Denver
At Dan Caplis Law, we understand how profoundly a train accident affects those involved, but also how difficult and lengthy the legal process can be. Train accident cases are as intricate as the machinery in the trains themselves and will require a train accident lawyer in Denver to build a case against the railroad company – or other responsible party – with the use of accident reconstruction experts, engineers, and railroad industry experts.
Our Denver train accident attorneys have access to some of the most respected experts in these fields. While most cases settle before trial, our train accident attorneys at Dan Caplis Law work your case up for trial from the moment you retain our firm. Our attorneys are ready to take your case all the way to trial if the railroad and insurance companies refuse to take responsibility and treat you fairly.
What Causes Denver Train Accidents to Happen?
The Federal Railroad Administration of the USDOT defines the term “train accident” to include train collisions, derailments, and other events involving the operation of on-track equipment that cause reportable damage above an established threshold.
Almost every train derailment is a preventable accident that is typically caused by a combination of different causes rather than just one malfunction. Those causes include:
- Tracks that are too wide or narrow;
- Broken or defective rails;
- Outside forces such as tree limbs or debris on the track;
- Collisions;
- Mechanical issues such as flaws in the train’s wheels, bearings, or trucks;
- Human error such as excessive speed, failure to appropriately apply brakes, or misaligned switches; and
- Washout of the rail bed.
However, train accident injuries in Denver also occur in the context of trains colliding with automobiles and pedestrians. These commonly happen in the following circumstances:
- Stalled automobiles on train tracks ;
- Train tracks or equipment that are obstructed from view;
- Inadequate safety mechanisms such as railroad crossings without crossing arms or warning signals; and
- Faulty brakes in the automobile or on the train
Contact our Denver car accident attorneys to file a claim and seek the compensation you deserve today.
Recovering Compensation After a Train Accident in Denver
People who suffer injuries in train accidents may be eligible to recover compensation in the form of damages. Damages are awarded to injured people in an effort to put them in the same position they would have been had the train accident never happened. To that end, the following items are compensable under Colorado’s law of damages:
- The income you (1) already lost between suffering the injury and the resolution of your case, (2) will lose in the future as a result of your injury, & (3) income you lost due to your impaired earning capacity.
- Pain and suffering, meaning the pain you experienced that was caused by your injury.
- Your loss of enjoyment of life, which will be compensation for activities you are not able to do since suffering the injury.
- Emotional distress, meaning any sort of mental health problems afflicted upon you by the negligent party’s actions as a result of the injury.
- Your medical expenses can include the reasonable value of any past and present medical expenses you have incurred through the injury.
- Loss of consortium, which are damages awarded to a person’s spouse for their loss of society, services, and other benefits caused by the injury.
What to Do After a Train Accident Injury in Denver, Colorado?
After suffering a train accident injury, immediately call 911 to alert the police and request emergency medical help for anyone injured at the scene. Assess yourself and others for injuries while waiting for law enforcement to arrive. In these situations, it is important to get evaluated by a doctor for any potential or unseen physical damages such as brain injury. Your safety is the highest priority in these situations. If you or a loved one have been in a train accident and suffered a brain injury, speak with our brain injury attorneys in Denver today.
Never leave the scene of an accident prior to the arrival of law enforcement. It is illegal to leave the scene of an accident before law enforcement arrives. If you are able to do so safely, take pictures of the area surrounding the crash and gather the contact information of every involved person.
In terms of possibly bringing a case against the railroad, the worst thing you can do is talk about the case with anyone at the scene of the crash. Retain trusted counsel before speaking with anyone about the case. Remember: you have a right not to give a statement.
Finally, seek representation after being injured in a train accident. The services of a knowledgeable train accident attorney in Denver can result in you receiving the most compensation possible for your injuries.
Contact a Denver Train Accident Attorney Today
There are many things to worry about in the wake of a train accident, but receiving the compensation you are owed by the railroad and the insurance companies should not be one of them. If you were injured in a train accident, the attorneys at Dan Caplis Law are here to help. Schedule your free consultation at (303) 770-5551 or by contacting us online.