Train Accident Lawsuits
Las Vegas, Nevada
Injured in a train accident?
Train accidents are rare, but when they occur, the consequences can be catastrophic.
Whether you're a passenger caught in the chaos of a train crash, a railroad employee injured while on duty, or your vehicle involved in a train collision resulting in severe injuries, call us at 702-432-1000 to discuss your case.
We don't charge for consultations.
We represent clients in Las Vegas and Nevada.
Train transportation in Nevada
You can see three types of trains in Nevada: freight trains, monorails, and Amtrak trains.
Freight trains: Freight trains travel through areas like Henderson, Boulder City, North Las Vegas, and Moapa Valley, transporting raw materials and goods used in industries, agriculture, and daily life.
Monorail: The Las Vegas Strip has a monorail system with seven stations at places like MGM Grand and Las Vegas Convention Center, offering convenient transportation for visitors and locals.
Amtrak: Amtrak's California Zephyr line runs through Nevada, making stops in Reno, Elko, and Winnemucca, providing passenger service across the state.
Causes of train accidents
Mistakes by train personnel, including operators and engineers, are the primary cause of train accidents. Errors in judgment, failure to follow safety procedures, fatigue, distraction, or impairment can lead to accidents.
Train derailments, the second most common cause of accidents, happen when trains leave the tracks due to excessive speed, track defects, or mechanical failures.
Collisions between trains, vehicles at railway crossings, or obstacles on tracks are the third leading cause of train accidents. Signal failures, human errors, or track obstructions can contribute to collisions.
Other factors contributing to a train accident include mechanical failures, track defects, adverse weather conditions, and environmental factors.
Common injuries resulting from a train accident
Injuries in the event of a train crash may include:
Head and brain injuries: Impacts with surfaces or objects during accidents can lead to head injuries, concussions, and traumatic brain injuries (TBIs).
Whiplash and soft tissue injuries: Sudden stops, starts, or jolts can cause whiplash injuries and strain of the neck, back, and other soft tissues.
Crush injuries: Passengers may suffer crush injuries if trapped between objects, doors, or crowded spaces during accidents or emergencies.
Emotional trauma: A train accident can be a traumatic event, leading to psychological distress, anxiety, post-traumatic stress disorder (PTSD), and other emotional health issues among passengers and witnesses.
Liability
Under Nevada law, if a person is injured, the party liable for the accident (or multiple parties in some cases) is financially responsible for all damages. It includes medical bills (past, present, future), lost income, pain and suffering, and other damages.
Potentially liable parties in a train accident include:
• Railway companies, including operators of freight and passenger trains, must ensure the safe operation of their trains and maintain their infrastructure. They may be liable for accidents resulting from negligence in train operations, inadequate maintenance of tracks and equipment, or failure to adhere to safety regulations.
• Train operators and crew members are responsible for safely operating trains, adhering to speed limits, following signal instructions, and implementing emergency procedures when necessary. Negligent conduct or errors by train operators could contribute to accidents and result in liability.
• Companies contracted to maintain railway tracks, signals, and other infrastructure components may be liable for a train accident if their negligence or inadequate maintenance practices contribute to the cause of the accident.
• Manufacturers and suppliers of train equipment, components, and safety systems may be liable for a train accident caused by defective products, design flaws, or failure to provide adequate warnings or instructions for safe use.
• Government agencies responsible for regulating railway safety, maintaining public crossings, and overseeing rail operations may face liability if their failure to enforce regulations or address known hazards contributes to an accident.
• Depending on the circumstances, other third parties, such as drivers of vehicles involved in collisions with trains, pedestrians, trespassers on railway tracks, or individuals responsible for obstructions on tracks, may also share liability for a train accident.
If the railroad worker gets injured
Liability claims involving injured railroad workers fall under the Federal Employers' Liability Act (FELA), the federal law created to protect the rights of injured train workers. Claims under FELA are different from traditional workers' compensation claims. If you work for a railroad and get injured, call our office and ask to speak with the attorney who handles train accident claims.
Issues/challenges of train accident lawsuits
Train accident liability lawsuits can present several issues and challenges due to the complex nature of railway operations and railroad law. Some of the most critical issues include:
The complexity of investigations: A train accident often requires thorough investigations to determine the cause and liability. Investigations may involve multiple agencies, including federal regulators, law enforcement, and independent experts, and can be time-consuming and resource-intensive.
Federal regulations: Railway operations are subject to federal regulations and oversight by agencies like the Federal Railroad Administration (FRA) in the United States. Compliance with federal laws, standards, and safety protocols is critical in determining liability in train accident cases.
Preemption issues: Federal railroad law, including the Federal Employers' Liability Act (FELA) in the United States, may preempt some Nevada state laws and provide exclusive remedies for injured railroad workers. Preemption issues can affect the scope of liability, available damages, and jurisdictional matters in train accident cases.
What settlement to expect
The injury compensation after a train accident is calculated and depends on the severity of your injuries, medical expenses (past, present, future), lost wages, and other damages to the victim.
If a train accident resulted in the death of your next of kin, the railroad company may be held accountable for the wrongful death.
We can help
Since 2010, we have helped thousands of clients get fair and full injury compensation to pay their medical bills and other damages.
If you suffered a severe injury in a train accident or lost a family member in a train accident, call us at 702-432-1000 for a free consultation.
We take all injury lawsuits on a contingency basis, which means - you pay us only when we win your case.
We represent clients in Las Vegas and Nevada.
We also often represent tourists who were injured while visiting Las Vegas or Nevada.
Last updated on March 1, 2024.
