When passengers hop on a train, they expect to safely make it to their destination. However, trains generally operate at high speeds, which increases the risk of colliding with something and potentially resulting in serious injury. Railroad and insurance companies work hard to protect themselves against liability, but if negligence is the result of your injury, you have the right to fair compensation.
At Mintz Law Firm, our train accident lawyers will aggressively fight for clients. We will work hard to determine who is liable for your injuries and secure favorable results that reflect your needs. Train accident claims and lawsuits can be challenging, but our attorneys are committed to providing the best possible results to make sure you get the compensation you deserve.
Filing a Claim for Compensation After a Train Accident
After a train accident occurs, an investigation will be conducted by the Colorado Department of Transportation (CDOT) to determine liability. Other organizations may investigate the accident as well, including field personnel from the Federal Railroad Authority (FRA) and the National Transportation Safety Board (NTSB).
However, these investigations can take months, if not years, to complete, which is why it’s essential to contact an attorney as soon as possible after the accident. An attorney has the time, resources, and skills to pursue their own investigation and determine the best path towards fair compensation.
Types of Trains That May Be Involved in an Accident
Depending on the type of train you were injured while riding, the investigation into your claim – and the evidence needed – may vary.
Government Owned and Operated Train
The type of claim you file depends on the determination of the at-fault party. If the accident was the fault of a public transportation company, such as Amtrak, then the next step is to file a government tort claim. These claims tend to be far more restrictive than a standard personal injury claim, as they cap the amount of compensation that victims are able to recover. They also have a limited time frame after the accident that victims have to file their claims. Speaking with a Colorado injury attorney as soon as possible is crucial to ensuring that you don’t miss any deadlines to ensure your right to compensation.
Privately Owned Train Companies
Not all trains in Colorado are operated by the government. There are many major freight companies that transport materials and equipment across the state. If the accident is the result of negligence from a freight train company, then victims can pursue compensation by filing a personal injury claim or lawsuit.
In Colorado, compensation in personal jury claims for economic damages is not capped, which means victims can secure compensation up to the train company’s policy limit. However, there may be a cap for non-economic damages, which is capped according to the nature of the accident.
Who Is Liable for a Train Accident?
The circumstances of the train accident indicate the liable party. For instance, railroad companies have a legal obligation to ensure their passenger’s safety at all times. They need to ensure that their equipment is properly functioning and well maintained. Furthermore, they need to ensure their employees are properly trained and of sound mind while operating the train.
Other possible liable parties include:
- Major freight companies
- Public train companies
- Train operator
- Train or parts manufacturers
Before recovering compensation, it’s necessary to pinpoint all liable parties involved. The best way to ensure you’re successfully pursuing the proper claim against the correct parties is to work with an experienced train accident lawyer. They understand the intricacies of the law and can help you secure the best possible results.
Contact Mintz Law Firm Today to Speak with Our Experienced Train Accident Lawyers
After a train accident results in serious injury, you may not know the best way to proceed. Our train accident lawyers at Mintz Law Firm can not only point you in the right direction, but we will work hard to make sure that you have the best chance at securing maximum compensation.
At Mintz Law Firm, we are committed to prioritizing our client’s best interests. We aggressively pursue fair settlements and verdicts that center on our client’s needs. Contact our firm today to schedule a consultation by calling (303) 462-2999 or completing our contact form.