A Pennsylvania train accident may leave you with serious injuries. If your collision happened due to no fault of your own, you may be able to pursue damages from any negligent parties. A Pennsylvania personal injury lawyer can review your case and help you determine if you can sue for damages.
Following a train crash in Pennsylvania, Demand Rand. Get legal help from Rand Spear, The Accident Lawyer, to evaluate your legal options. Contact us today to connect with our Pennsylvania train accident lawyer.
Train Accidents in Pennsylvania
According to the National Safety Council (NSC), 3,243 non-fatal occupational railroad injuries and illnesses were reported in the United States in 2022. Thousands of train accidents that lead to non-fatal health issues are recorded across the country every year. Common types of train crashes include:
- Derailments
- Head-on collisions
- Explosions
Poor weather conditions, conductor errors, and defective tracks are among the top reasons why train crashes occur. Just because you get hurt in a train accident—regardless of the reason—does not mean you will be held solely responsible for any losses you incur. By meeting with a Pennsylvania train accident attorney following your collision, you may get help figuring out who is responsible for your crash.
Train Accident Liability
The at-fault party in a train accident case depends on the circumstances surrounding the collision. In many instances, the train company is at fault. However, there are times when other parties may be responsible, such as:
- Train operator
- Train parts manufacturer
- Government entity
Rand Spear, The Accident Lawyer, can discuss the basics of a train crash case with you. If you have a valid claim, our train accident attorney in Pennsylvania can help you seek damages from any at-fault parties. For more information, contact us.
Pennsylvania Train Accident Lawyer Near Me (215) 985-2424
When to File a Train Crash Claim
Typically, there is a two-year statute of limitations for filing a personal injury claim in Pennsylvania. This means you may have a maximum of two years from the date of your train crash to pursue compensation from anyone responsible. You may request economic and non-economic damages in your claim for a variety of reasons, including:
- Medical expenses
- Lost wages
- Pain and suffering
To secure compensation, you must show that an at-fault party had a duty of care toward you and violated this legal obligation. Also, you must verify that this party caused your accident, which led to your injury. You must confirm that you incurred losses as a result of the party’s actions.
How Much a Train Crash Case Is Worth
There is no set formula for calculating your case’s worth. However, a train accident lawyer in Pennsylvania may be able to assist. They can examine your quantifiable and subjective losses and help you decide how much money to request in your claim.
Even if you have a legitimate claim, you may not get 100% of the compensation you request. An at-fault party may commit time, energy, and resources to dispute your claim. They may do everything within their power to avoid having to pay you damages.
Pennsylvania has a modified comparative negligence statute. If the defendant in your train accident lawsuit can prove you are primarily responsible for any injuries you suffer, they will not have to pay you any damages. In this scenario, you are solely responsible for your accident-related losses.
What to Do After a Train Collision
Call 911 as soon as your train crash happens. You should do this if a train crashes into your car while it is on the tracks or if you suffer an injury while riding on public transit. From here, police officers and medical personnel will come to the accident scene.
Get medical help and speak with police officers after your collision. If you have your smartphone with you, capture photos and videos of the crash scene. You may be able to use these photos and videos as evidence to support your request for compensation.
Continue to treat your accident-related injuries and keep track of your medical expenses. It may be beneficial to consult with a lawyer who specializes in train crash claims. An attorney may provide you with legal resources to help build an argument against an at-fault party.
Train Accident Case Settlement
If you file a train crash lawsuit, you may not have to go to trial to settle your claim. An at-fault party may offer a settlement. If you approve this offer, you can get compensation and close your case.
By working with a lawyer who has a track record of success with personal injury verdicts and settlements, you may boost your chances of getting a reasonable amount of compensation. Your attorney may negotiate with an at-fault party on your behalf. If the defendant in your case proposes a settlement, your lawyer can notify you, and you and your attorney can go over it together.
There is no legal requirement to accept a settlement. In the worst-case scenario, you do not get a settlement you like, and you and your attorney bring your case to trial. If this happens, your attorney can advocate for you, represent your best interests, and help you show a judge or jury why you deserve compensation.
Train Accident Wrongful Death Claim
You may be eligible to file a wrongful death claim if a family member dies in a train crash. Based on Pennsylvania law, a child, spouse, or parent of a deceased person (decedent) may qualify. There are instances where a personal representative of the decedent may be able to submit this type of claim.
With a wrongful death claim, you may request compensation for funeral costs, nursing expenses, and similar losses. You have up to two years from the date of a person’s death to file your claim, and the window for submitting a claim may not be extended.
If you are unsure if a wrongful death claim is an option, discuss your case with a train collision lawyer. It may be difficult to move past the death of a family member and consider what to do in the months and years to come. An attorney understands these challenges, and they may be able to help you decide on what to do next to ensure you and your family are financially protected.
Submit a Train Accident Claim
Rand Spear, The Accident Lawyer, provides legal counsel to train accident victims. Our attorney is available to evaluate your case. Contact us today to schedule a free consultation.
Call or text (215) 985-2424 or complete a Free Case Evaluation form
