Table of Contents

• Areas With High Potential for Train Accidents
• What Causes a Freight Train to Derail?
• How Common are Freight Train Accidents?
• What Should I Do if I Am in a Crash With a Freight Train?
• Cape Girardeau Train Accident FAQs
• Call Cook, Barkett, Ponder & Wolz Today

Areas With High Potential for Train Accidents

Missouri has a high number of functional railroads, and one of the most active railway systems in the country. The state’s economy heavily relies on a functional railway system. With an economy that relies so much on railroads, too many freight trains collide with cars. Some of these collisions have ended in death.

Areas that are more susceptible to freight train crashes include:

• Most collisions between freight trains and cars happen at railroad crossings. Missouri law requires drivers to stop at least 15 feet in front of a railroad. It is against the Missouri law for a driver to continue through a railroad if there is a lit sign indicating that a train is coming, if the crossing gate is in the lowered position, or a person is acting as a flagman and giving a warning that a freight train is approaching, or when a train is clearly approaching.
• Areas with highly congested traffic near railroads.

What Causes a Freight Train to Derail?

Derailment is a major cause of freight train collisions with vehicles.

Common causes of freight train derailment include:

• Operational error
• Mechanical failure of the tracks
• Mechanical failure of the wheels on the train
• A collision with another object
• Bolt hole cracks
• Cracks in the base of the rails
• Broken or burned rails
• Switch malfunctions
• Broken railheads

How Common are Freight Train Accidents?

The occurrence of freight train accidents has significantly decreased over the last several decades. According to the National Highway Safety Administration and the Federal Railroad Administration, the number of accidents involving freight trains and cars dropped from 12,000 occurrences in 1975 to 2,200 occurrences in a recent year.

The number of fatalities has also decreased, with a reported 917 fatalities in 1975 and 270 deaths recently. However, freight train crashes still cause much too many deaths.

If you or a family member suffered an injury in a crash with a freight train, call the experienced personal injury attorneys at Cook, Barkett, Ponder, & Wolz. Let us put our century of combined legal experience to work for you.

What Should I Do if I Am in a Crash With a Freight Train?

If you are in an accident with a freight train, you should take the same steps that you would if you were in a crash with another car. You should ensure that you and your passengers get medical attention as soon as possible if needed. Call 911 immediately if you are able. Get to safety if you can do so without making your injuries worse.

If you can speak with the conductor, do that. Even if you cannot speak to someone from the freight train company, you will want to inform your car insurance company that you were in an accident as soon as you can. More likely than not, your insurance company and the insurance company for the freight train company will conduct simultaneous accident investigations. The insurance companies will decide about the fault.

In this situation, you need a lawyer. Unlike a traffic accident with another car, a crash with a freight train can get complicated quickly. You can rely on an experienced accident attorney’s skill to fully recover compensation for your injuries. The proper defendants must be named and pursued. If you fail to name the proper defendants, you may lose your right to sue.

If you were in an accident, call the attorneys at Cook, Barkett, Ponder, & Wolz. We are passionate about getting you the justice that you deserve.

Freight Trains and Toxic Spills

Because of their size and hauling capacity, freight trains can transport toxic and hazardous materials across the country.

The types of materials that freight trains carry may include:

• Chlorine gas
• Coal
• Gasoline
• Any other ignitable, corrosive, reactive, or toxic material

Although freight trains are the safest vehicles for the above materials, when they carry toxic or hazardous materials and derail, massive damage can result.

Negligence usually causes the derailment of freight trains carrying toxic or hazardous material. A derailment occurs when a train comes off the track, usually on its side. A manufacturing defect usually causes derailment with the tracks or with the wheels on the train. In either case, an experienced freight train accident lawyer can help you identify the proper defendants if you have suffered an injury in a freight train accident.

A derailed freight train carrying toxic or hazardous materials can have nasty results if a spill occurs. First, if the train hits a car when it derails, the driver and their passengers are likely to be hurt. Further, if a spill spreads the materials, the surrounding community will likely feel the effects of the crash for many years in the future.

For example, if the freight train was carrying oil and the oil spilled onto the soil and into the water supply, the food and water of the community may not recover for many years, if ever. Because of this, you may have suffered injury by exposure to contaminated food and water without knowing why.

If you have been affected by a freight train crash, you need a lawyer. Call the attorneys at Cook, Barkett, Ponder, & Wolz today. We have over 100 years of combined legal experience and have recovered millions of dollars for injury victims. If you have suffered an injury in an accident, do not hesitate to call our office today to schedule a free consultation.

What Are Typical Injuries Freight Train Crash Can Cause?

There is no way to predict what kind of injury you will have if you are involved in a freight train crash. Freight trains are massive machines that essentially have a mind of their own. Although freight trains look like they move slowly, they’re too heavy to stop quickly when they begin moving. That is why you need to follow Missouri traffic laws and take care around trains.

Freight train crashes can cause massive injuries.

Examples of typical injuries caused by freight train crashes include:

• Lacerations
• Whiplash
• Concussions
• Traumatic brain injury (TBI)
• Burns
• Organ damage
• Internal bleeding
• Amputations
• Broken bones
• Paralysis
• Spinal cord injuries
• Permanent disfigurement
• Death

You must get the best representation on your side if you are involved in a freight train accident. Call Cook, Barkett, Ponder, & Wolz, or visit us online today to schedule a free consultation.

What Compensation is Available in a Freight Train Crash Case?

The type of compensation available is related to the type of harm you have sustained. Typically, the more badly you are hurt, the higher the monetary value that your case has.

Compensation that you may recover in a freight train accident case includes:

• Past and future medical expenses
• Lost wages
• Disability costs
• Pain and suffering now and in the future
• Punitive damages (available but rare)
• Property damages
• Emotional distress
• Legal expenses
• Damages for wrongful death

Cape Girardeau Train Accident FAQs

Who Pays Damages in a Freight Train Crash Case?

Just like in any accident case, the responsible party will pay the injured party’s damages. However, in a freight train case, it may be difficult to identify the responsible party because there are a lot of potentially responsible entities. Knowing who to name in a lawsuit or who to contact for settlement is especially confusing if you do not have legal counsel.

If you suffered an injury in an accident with a freight train, call Cook, Barkett, Ponder, & Wolz today.

Potentially responsible parties in a freight train crash include:

• The train conductor. It may be obvious to anyone that the train conductor may share some fault for the crash. They were operating the train, after all. A major cause of freight train derailment and crashes is an operational error. Suppose the train conductor is tired, distracted, poorly trained, or for any other reason negligent in their duties. In that case, they have some responsibility for the train crash and the injuries caused by the crash.
• The train company. If the company’s negligent employee caused someone harm, the train company may need to pay for the negligent acts of its employee. Both the conductor and the company will be held accountable in a lawsuit for damages.
• The product manufacturer. Sometimes freight train crashes are not caused by operational error or negligence by the train conductor or train company. Sometimes the manufacturer of a part of the train or the rails is responsible for an accident. In that case, the manufacturer will also appear as a defendant in a potential lawsuit. An experienced accident attorney can help you know the correct defendants to name in a lawsuit so you get the maximum amount of compensation.

What Compensation Can I Expect if a Loved One Dies in a Freight Train Crash?

If your loved one dies in a freight train accident, you may be entitled to pursue a wrongful death lawsuit. Generally, only immediate family members can file wrongful death claims. The deceased’s spouse, children, and in some cases, parents can pursue a wrongful death claim.

Damages for a wrongful death claim include:

• Long of consortium or companionship
• Loss of financial contributions
• Loss of care and support
• Loss of inheritance
• Funeral expenses

The attorneys at Cook, Barkett, Ponder, & Wolz have years of experience helping bereaved family members receive compensation and achieve success in wrongful death cases. Winning a financial award will never bring a family member back, but having the money you need to care for yourself and other surviving family members can ease the burden of losing a family member.

If you have lost a loved one in a freight train accident, call the attorneys at Cook, Barkett, Ponder, & Wolz. Our attorneys have over 100 years of combined trial experience. That means we know what it takes to get the maximum compensation benefits for our clients. Our firm has spent the last century helping accident victims and their families get their lives moving forward again after an accident. Call our office or visit us online if you have lost a family member to a freight train accident.

Call Cook, Barkett, Ponder & Wolz Today

After an accident, put the best legal team together to work on your behalf. At Cook, Barkett, Ponder, & Wolz, we are proud to provide our clients with experience, excellence, and results. Our accident attorneys have a combined 100 years of trial experience. We will be honored to put our experience to work for you. If you have been in a freight train accident, call us today at (573) 335-6651 or contact us online for your free consultation after a train accident in Cape Girardeau or anywhere a train strikes you in Southeast Missouri.

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I had never worked with lawyers, and at first I was scared, not knowing what to expect. When I first met with Cook, Barkett, Ponder & Wolz, I immediately breathed a sigh of relief. I’m a shy person, and they gave me confidence to speak out. The experience was very good. If you are in a similar situation, I highly recommend them. They’ll take care of everything. – Laura A.