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Legal Guidance for Kansas City Train and Railroad Accident Victims
Train accidents in Kansas City can be very tricky to tackle. According to a report by the National Safety Council, approximately 954 fatal train accidents happened in the US in 2022 alone. Get expert help from an experienced train, railroad, and light rail accident attorney in Kansas City. Our legal team at Royce Injury will fight for your compensation. Contact us for a free consultation.
Who Suffers from Train Accidents?
The most immediate victims of train accidents are the people near the impact area i.e. bystanders, drivers in passenger cars, etc. The passengers of the train and train crew members also suffer in most of the train accidents. Due to the massive collision force of the impact in train accidents, collateral damage is always paramount. For this reason, a train accident compensation lawsuit is challenging without the help of a railroad accident attorney.
An Overview of the Federal Employee Liability Act (FELA)
Federal Employees Liability Act of 1908 is a worker’s compensation for employees of train companies. The liability threshold of employers under FELA is higher as compared to the worker’s compensation act because the employees have to establish a certain degree of negligence on the railroad company’s part to get benefits i.e. lack of maintaining the minimum workplace safety measures for employees required under the law. Most train wreck lawyers have observed that the compensation value under Fela is higher than the worker’s compensation.
Common Causes of Train Accidents in Kansas City, Missouri
Human error: Human-induced errors such as mistakes in train operation, failure to signal at the right time, etc, can cause train accidents.
Equipment failure: Brakes failure, malfunctioning of the engine, or other essential parts of the train also contribute to train derailment.
Track defects: Poorly maintained, broken, or weathered railway tracks also cause derailment.
Weather conditions: Extreme weather such as storms, snow, etc, can reduce the visibility for train drivers leading to collisions between the trains.
Train accident attorneys have observed these four as the leading causes of train collision accidents.
Frequent Injuries Resulting from Railroad Accidents
Some of the most frequent injuries that result from railway accidents are:
- Internal bleeding
- Brain injuries such as concussions
- Damage to the spinal cord
- Bone fractures
- Amputation
- Organ piercing
- Severe bone and muscle injuries
- Damage to the sensory and cognitive functions
- Death
Determining Liability in Train Accidents
Multiple parties can be held liable in a train accident compensation lawsuit.
Railroad company: The most obvious party to the lawsuit is the railroad company involved in the accident. Train companies can be sued for their negligence in observing the minimum security measures required by the law.
Train operators: Along with the reload company, the train operators can also be sued for their contributory negligence towards the accident. This generally falls within the concept of vicarious liability i.e. Employer is to be sued for the negligence of the employee.
Maintenance crew: The maintenance crew can also be sued for failing to run proper maintenance checks on the trains.
Equipment manufacturers: The manufacturer of train parts can also be sued if the accident happened due to faulty operators or equipment.
Government agencies: The federal agencies are responsible for maintaining the railway tracks. If the accident happened due to poorly maintained tracks, the government Agencies can also be included as liability parties in the lawsuit.
Determining who you should add as a liability party is an important first step and should always be observed by consulting train wreck attorneys
Compensation Options for Train Accident Victims
Railway accident victims are entitled to the following compensation:
- Coverage for medical expenses and treatment i.e. hospital charges, diagnosis and surgery expenses, and medicine expenses.
- Coverage for lost wages, including the effect on earning capacity and implication on future employment prospects.
- Compensation for property damage.
- Coverage for expenses in case of psychological treatment and post-traumatic stress disorder.
- Exemplary and punitive damages such as fines, revocation of license, and bar on conducting similar business activities in the future to deter such behavior from repeating.
Experienced railroad accident lawyers aim to cover all of the above types of damages for their clients in the lawsuit to help them win the compensation they deserve.
Steps to Take to Recover Compensation After a Train Accident
Step One:
Focus on getting better by taking the proper medical help. Ensure keeping the receipts and medical bills safe because they will be included in the lawsuit.Step Two:
Gather the necessary evidence i.e. CCTV footage of the accident, copy of police report, medical bills, statement of eyewitnesses, etc.Step Three:
Consult an experienced train accident lawyer to discuss a comprehensive legal strategy on how to push your injury claim in a way that can yield the best possible results in the minimum time.Step Four:
Make regular checks with your attorney, the insurance company, and your employer to keep track of case progress, and also to provide any additional documentation or timely support that can help push your case further smoothly.The Importance of Hiring a Kansas City Injury Attorney for Train Accident Cases
Given the complicated Legal procedure of making a train injury compensation lawsuit and the challenges in determining the suitable liable party, you must hire an experienced train injury lawyer. These professionals are seasoned experts who not only provide legal representation to you in your case but also help you increase your chances of winning the compensation you deserve.
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