How to Create a Personal Injury Case for an Accident on a Train

 Posted on January 08, 2024 in Personal Injury

Sustaining any injury in a train accident merits seeking fair compensation for all losses and damages through a personal injury claim or lawsuit. However, building a convincing legal case first requires strategic preparation and evidence gathering. Understanding how liability gets established and the documents proving negligence with an Illinois personal injury lawyer can significantly help.

Determining The Negligent Party

The first step involves pinpointing what party or entity displayed negligence directly causing the train accident and subsequent harm. Consider whether negligence by the train operator, rail company administrators, maintenance crew, or other staff played a role. A careful investigation can help determine how fast the operator was going, their signal obedience, distraction factors, equipment failures, or poor safety oversight.

If another vehicle caused the collision at a railway crossing because of distraction or disobeying railroad guard arms, target the driver. You can also weigh potential premises liability factors that may have made the accident with the train more likely, such as poor warning signals at the crossing itself. It is important to identify every party that could have contributed to the cause of the crash in the legal claim.

Compiling Crash Documentation

To demonstrate negligence clearly, obtain official incident documentation like police reports, railway company records, pictures, and witness statements. The police report should outline all contributing factors and help attribute fault clearly to assist in proving liability. The report also contains key accident details for insurance claims.

Security camera footage from nearby buildings, dash cams, or the train itself can also substantiate a negligent party’s errors. Witness statements detailing the lead-up to the crash or describing unsafe conditions may also support building a case for negligence.

Tracking All Losses From the Collision

Obtain extensive medical documentation on all accident-related injuries needing treatment, along with expenses incurred. This includes EMT notes, hospital and specialist records, therapy plans, medication costs, and lost wage amounts from missed work due to recovery. Keep precise track of every accident-related loss, including damaged property, rehabilitation costs, and pain and suffering losses later.

Contact an Elmhurst, IL Personal Injury Lawyer

Trying to build liability solo against massive rail entities can pose immense legal challenges. They can easily take advantage of the fact that you are going up against them for the case. If you have the evidence and an Elk Grove, IL personal injury attorney guiding your train accident case, you can pursue railroads, operators, vehicle drivers, or other negligent parties with more confidence. Call Kaiser Law at 630-274-4400 for a free consultation.