Railroad tracks

Train Accident Lawyer

In the Midland train crash, our firm represented 26 of the 43 plaintiffs that sued. Through hard work and aggressive representation, we were able to reach a confidential settlement with Union Pacific train company.

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Train Accidents

Derailments

When trains derail, the level of damage to both property and human life is almost always catastrophic. Sadly, many derailments are preventable because nearly 29% of all derailments are caused by human error. The most common human error cause is inattention resulting in allowing the train to speed into a curve in the track, much like what happened in the 2013 Spanish train crash. These crashes are even more dangerous because they involve high speeds. A train traveling at 100 miles per hour has more than twice the amount of kinetic (moving) energy as a train traveling 70 miles per hour.

If the investigation reveals human error was the cause of the crash, people injured in the crash have a legal right to monetary compensation for their injuries and pain and suffering. If you were injured in a derailment, it is important to contact our qualified train accident lawyers as soon as possible in order to preserve evidence.

Dangerous Crossings

Our train accident lawyers have presented several railroad crossing accident cases to juries. A railroad company can be liable for an accident at a railroad crossing if they maintain a dangerous crossing. A crossing can be dangerous because of poor visibility due to overgrown vegetation or some other obstruction. A crossing can be dangerous if it fails to have lights and gates to warn motorists of an oncoming train.

Our train accident lawyers know that a crossing can even be dangerous it is graded in such a way that causes vehicles—usually long vehicles like 18-wheelers or buses—to become stuck on the tracks while crossing. Humped crossings have been an issue in the U.S. dating back to 1930. Rather than removing old ballast that supports the track, the railroads will raise the crossing surface during routine maintenance. To save money, railroads across the U.S. have quit doing the undercutting, which is the process of removing old ballast, often gravel, from beneath the track rails. Undercutting restores the crossing to its original elevation, and it is the safest state of the crossing. Each of the major railroads has about 1,000 hang-ups reported annually. This number does not include vehicles that are able to get free before a train comes or otherwise have not reported the hang-up. Saving a thousand dollars at each crossing across a railroad’s system saves railroads millions of dollars annually. Furthermore, railroads will have their PR machine acting quickly after a hang-up accident, often reporting that the truck or bus was “parked” on the crossing, rather than telling the truth that the vehicle was unable to make the crossing due to the way the railroad graded it.

Lastly, the railroad company can also be liable for failing to sound audible warnings such as a horn or whistle as they approach the crossing. Due to the extreme size and weight of trains, train wrecks are almost always extremely serious.

 

If you or a loved one has been injured in an accident regardless of where you live, we will be happy to evaluate your potential case through a free consultation.

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    Act Quickly

    Because train wreck cases are complicated, gathering as much evidence as possible early on is critically important. If you or a loved one has been involved in a train wreck, the most important thing you can do is quickly contact a personal injury attorney who has experience with train wrecks. Time is of the essence. Critical evidence disappears, is deleted, or is otherwise unavailable within days of the crash. This includes tire skid marks, the cell phone information, vehicle inspections and more. Hiring an attorney as soon as possible allows the attorney to quickly preserve evidence, maximizing the value of your case and the likelihood of a positive outcome.
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    They helped me get through this process. Everything was done right. - Elia Q., Lubbock, TX

    Unparalleled Service

    The attorneys of Glasheen, Valles, and Inderman are devoted to providing the most comprehensive service possible. Accidents are emotional and scary, and we don’t want to make this time any more stressful than it needs to be. We pride ourselves in our ability to make our clients feel safe and comfortable and ensuring every aspect of their case is taken care of professionally and efficiently.


    Train Crossings

    It can take miles of slowing down before a fully loaded freight train can come to a complete stop. Even smaller commuter trains need plenty of warning before they’re at a standstill. This is why it’s vital that train companies ensure that their tracks, crossings, and signals are all fully functional and all safety precautions have been taken. This means putting signs at unguarded crossings and ensuring those signs are fully visible to passersby. It means lining the tracks with fences to keep people from accidentally stumbling onto the tracks. And it means regularly maintaining all signals, so that if there is an obstacle on the track the conductor has enough time to slow the train down.

    When companies fail to maintain their systems, people get hurt. In the case of train accidents, often catastrophically so.


    Our Results

    Our firm has settled many substantial train wreck cases including a settlement of $13.5 million for a train wreck death case, $4.6 million for a train wreck death case and a $2 million settlement in a train wreck child brain injury case.* *All Amounts listed are Net to Clients. Results obtained depend on the facts of each case.

    Toggle Modal all wrongful-death
    65 million
    Motor Vehicle Wreck | Wrongful DeathOur minor clients were left orphaned after their parents and one sibling were killed in a railroad crossing when the…
    Toggle Modal all wrongful-death
    46 million
    Motor Vehicle Wreck | Wrongful DeathOur clients’ child was killed when a train struck a car at a railroad crossing. The railroad had failed to…
    Toggle Modal all brain-injuries train-accidents
    4.9 million
    Train Crossing Collision | Brain InjuryIn the early morning hours, our client was driving to work when he collided with a railroad car that was…
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    Our Team is Here to Help

    Below is a list of some of the most-frequently-asked questions by our clients and prospective clients. If you still have any questions, feel free to contact us.

    • Why should I hire an attorney?

      Potential defendants are usually covered by insurance. The insurance companies are notified immediately when an accident occurs, and they usually hire attorneys and expert witnesses to investigate the claim. It is important that witnesses be interviewed as soon as possible and evidence be preserved. Witnesses will often be more difficult to locate or will have a poor memory if they are interviewed much later after the accident has occurred. Evidence such as machinery parts or skid marks on the highway will disappear unless preserved quickly. Insurance companies have insurance adjusters who will contact you and try to be friendly. You should not trust the statements that insurance adjusters make to you. They are not working for you and will sometimes make misleading statements in an effort to trick you into resolving your case. Insurance adjusters also might record your conversations with them and use your statements against you in order to try to save money for the insurance companies.

      The main thing we try to impress upon people is that it’s never too early to talk to an attorney, and it’s always too late. By that we mean that speaking with an attorney very soon after a crash or other accident in no way will harm you. Along the same lines, the longer you try to handle a claim on your own or delay hiring competent counsel, irreparable damage can be done in the form of recorded statements given to the insurance companies and evidence not being preserved. There is no risk or fee for speaking with an attorney and arranging an initial consultation.

    • How and when do I pay for a personal injury attorney?

      Most personal injury attorneys work on what is called a contingency fee basis, which means that you pay the attorney only if and when the attorney has successfully made a recovery in your case, either by settlement or by winning a jury trial. Our philosophy is that clients have enough to worry about, so clients at Glasheen, Valles & Inderman never pay us a dime out of their pockets directly; when you’re case is finished, the insurance company sends a check to our law firm, we take our percentage fee from that check, and send the remainder to the client.

      In the rare event we are unable to make a recovery on your case, you still don’t pay us a dime, and that even includes case costs, court costs, expert fees, and any advances. There is truly zero risk in hiring a personal injury law firm like Glasheen, Valles & Inderman.

    • What is my claim worth?

      Personal injury claims are usually resolved by either settlement or by a jury. When a case is settled, it is the client’s decision of whether or not to accept a settlement offer. The lawyer will advise the client as to the potential value of the claim. Lawyers evaluate the potential value of a claim by predicting what a jury would do based on experience with similar claims.A jury can consider all sorts of damages in a personal injury case including medical expenses in the past and in the future, loss of earnings in the past and in the future as a result of the injury, physical pain and mental anguish in the past and in the future, compensation for impairment – that is loss of use, and disfigurement damages. The jury has discretion in awarding the sums. We can give you advice on the value of your claim based on our experience with some of our claims and similar jury results.

    • How long will my claim take to resolve?

      The time it takes to resolve a personal injury claim depends very much on the type of case. We believe that it is important to prosecute claims as quickly and efficiently as possible. We usually like to have our client finish with their medical treatment so that we can fully and properly evaluate their injuries before we attempt to settle the claim. Sometimes we can assist a client with making advances to cover lost wages or living expenses while the client is waiting for the case to be resolved. Typically, automobile accident cases with fairly minor injuries can be resolved in about six months. More serious accident cases usually take anywhere from six months up to a year and a half or longer.