Accidents between vehicles and freight trains can have devastating consequences. Whether you are commuting along Interstate 70, taking a road trip through Missouri’s scenic routes, or simply driving to a nearby store, the possibility of a collision with a freight train can happen when least expected.
The state is home to major freight railroad lines such as Union Pacific, BNSF, and Norfolk Southern, all of which operate heavily within Missouri’s borders. If your vehicle is struck by a freight train, you might wonder: Can I bring a claim against the freight train company that hit my car?
The short answer is yes, but several factors influence whether your claim will succeed. In this blog, we’ll walk you through everything you need to know about freight train accidents, your legal options, and how a train accident lawyers can help with your personal injury claim in Missouri if a train hits your car.
The Danger of Freight Train Accidents
Several different factors can cause train-car accidents. While freight train accidents are not as common as typical car crashes, they are often much more severe due to the size and weight of the train compared to a passenger vehicle.
Common causes of car-train accidents include:
- Ignoring Signals or Warning Signs: Drivers may need help to stop when approaching a railroad crossing, often because they are in a hurry or distracted. A collision with an oncoming train is almost certain if a car goes through a crossing when the signals are flashing, or the gates are down.
- Malfunctioning or Missing Signals: Sometimes, the warning signals at crossings may be broken or malfunctioning. If the lights are not flashing or the gates don’t lower, drivers may not realize a train is approaching, which can lead to an accident.
- Poor Visibility at Crossings: Some rail crossings in Missouri are poorly maintained or obstructed by overgrown vegetation, large trucks, or other vehicles. If visibility is blocked, it can be difficult for drivers to see an approaching train in time to stop.
- Poorly Maintained Tracks: Railroad companies are responsible for maintaining the safety of their tracks. If tracks are damaged or not properly maintained, it can lead to accidents at crossings. Occasionally, debris or a broken track could even derail a train, causing a collision with nearby vehicles.
The injuries sustained in train-car accidents are often severe and life-changing. Drivers and passengers may suffer from broken bones, traumatic brain injuries, spinal injuries, and even fatalities. In addition to physical harm, there is often significant property damage and emotional distress for those involved.
Legal Framework for Claims Against Freight Train Companies
In Missouri, if you are injured in an accident with a freight train, you may have the right to file a personal injury claim. Missouri law allows individuals to seek compensation for damages caused by the negligence of others.
The train company and other entities involved in operating or maintaining the railroad crossing may be held responsible for their actions or inactions.
Key elements of freight train accident cases in Missouri include:
- Duty of Care: Freight train companies are required to maintain safe crossings, provide adequate warning signals, and ensure that their trains are operated safely. If the train company breaches these duties, it may be held liable for the accident.
- Negligence: If the train company is negligent in some way (such as failing to maintain crossing signals or failing to provide adequate warning of an oncoming train), you may have grounds for a claim.
- Federal and State Regulations: In addition to Missouri state law, freight train operations are also governed by federal regulations from the Federal Railroad Administration (FRA). These regulations cover everything from track maintenance to safety protocols and can play an important role in determining liability.
The Role of the Railroad Company in Train-Related Accidents
Railroad companies have several responsibilities when it comes to safety at railroad crossings. Some of their duties include:
- Maintaining and Operating Rail Crossings: Train companies must ensure that crossings are well-maintained and that all safety features, such as lights, gates, and signals, are working correctly. Failing to do so could make them liable for any accidents that occur at those crossings.
- Providing Proper Warnings: The railroad company is responsible for ensuring that there are sufficient warning signals, such as flashing lights or crossing arms, when a train is approaching. They are also responsible for ensuring that these warning systems are properly maintained and functional.
- Operating Trains Safely: Train engineers and conductors must adhere to strict safety protocols, such as following speed limits and being vigilant about potential hazards on the tracks. If the company fails to enforce safety measures for its conductors, it could be liable for an accident.
Missouri law also regulates the use of trains and railroad crossings. For instance, Missouri has specific rules governing how and when trains must signal their approach at a crossing. If a freight train company fails to comply with these laws, it may be held liable for damages in an accident.
What to Do After a Train-Car Accident
If you are involved in a train-car collision, it’s important to take the right steps to protect your health and preserve your legal options:
- Call 911: Report the accident immediately and ensure that medical assistance is available if needed. The police will also create a report, which will be important for your claim.
- Document the Scene: If it’s safe, take photos of the scene, including the train, any vehicle damage, and the crossing signals. Gather the contact information of any witnesses who may have seen what happened.
- File a Police Report: Having an official report documenting the accident is crucial. This report can serve as important evidence in your claim.
- Seek Medical Attention: Even if you don’t feel injured immediately, seeing a doctor after a car-train accident is essential. Injuries from these collisions can be delayed, and having medical documentation will strengthen your case.
- Notify Your Insurance Company: Contact your insurance company immediately to report the accident. They may help cover some of the immediate costs, but this doesn’t prevent you from filing a claim against the freight train company later.
- Contact the Federal Railroad Administration: In some cases, it’s also a good idea to report the accident to the FRA, especially if you suspect that railroad equipment or signals were involved in the accident.
Can You Sue a Freight Train Company in Missouri?
You can file a lawsuit against a freight train company in Missouri if the accident was caused by negligence on the company’s part. However, there are several factors to consider before pursuing legal action:
- Negligence: You must prove that the freight train company was negligent in some way, such as failing to maintain crossing signals or operating the train unsafely.
- Comparative Fault: Missouri follows a comparative fault rule, meaning that your compensation may be reduced if you are partially at fault for the accident. For example, if you drove around a lowered crossing arm, you might still be eligible for compensation, but it could be less than if the train company were fully at fault.
- Statute of Limitations: In Missouri, you generally have five years to file a personal injury claim after an accident. However, the sooner you take action, the better, as evidence can disappear over time. If a death is involved the statute of limitations is only three years.
Types of Compensation Available in Freight Train Accident Claims
If you are successful in your claim, you may be entitled to several types of compensation, including:
- Medical Expenses: This includes the cost of hospital visits, surgeries, medications, and any future medical expenses required due to the accident.
- Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages and any loss of earning potential if you cannot return to your previous job.
- Pain and Suffering: This type of compensation is intended to compensate you for the physical pain and emotional distress caused by the accident.
- Property Damage: You can seek compensation for the cost of repairing or replacing your vehicle, as well as any other property damaged in the accident.
- Punitive Damages: In rare cases where the railroad company acted with extreme recklessness or malice, you may be awarded punitive damages to punish the company and deter future misconduct.
Challenges in Pursuing a Claim Against a Freight Train Company
Filing a claim against a large freight train company can be challenging. These companies have significant legal resources and often deploy aggressive defense tactics. Some of the challenges you may face include:
- Proving Negligence: Train accident cases can be complex, and you may need to prove that the railroad company was at fault. This often involves gathering substantial evidence, including eyewitness testimony, expert opinions, and physical evidence.
- Dealing with Large Companies: Freight train companies have teams of lawyers who are experienced in defending against these types of claims. As a result, pursuing a claim on your own can be difficult.
- Overcoming Comparative Fault: If the train company argues that you were partially at fault for the accident, you may need to present compelling evidence to counter this claim.
How a Missouri Lawyer Can Help With Your Freight Train Accident Claim
If you’ve been injured in a freight train accident in Missouri, having an experienced lawyer on your side is critical.
A local attorney can help you navigate the legal process, gather evidence, and build a strong case. Here’s how a Missouri lawyer can assist you:
- Gather Evidence: Your lawyer will work to gather all necessary evidence, including photographs, witness statements, and expert testimony, to strengthen your case.
- Negotiate With the Railroad Company: A lawyer can handle the negotiations with the freight train company’s legal team, ensuring that you receive fair compensation for your injuries.
- Represent You in Court: If the case goes to trial, your lawyer will advocate on your behalf and present your case to a judge or jury.
Frequently Asked Questions (FAQs)
1. Can I sue a freight train company if my car is struck at a railroad crossing in Missouri?
If your car is struck by a freight train at a railroad crossing in Missouri, you may have grounds to file a lawsuit. To do so, you must demonstrate that the freight train company’s negligence contributed to the accident.
2. What should I do immediately after a car-train collision to protect my rights?
After a car-train collision, acting quickly to protect your legal rights is critical. First, ensure your safety and those of others involved by moving to a safe location if possible, and call 911 to report the accident. It’s also important to:
- Document the scene: Take photos of your vehicle, the train, the crossing signals, and any visible damages. If there are any skid marks or signs of malfunctioning equipment, capture those as well.
- Get contact information for witnesses: Eyewitness testimony can be crucial in establishing fault.
- File a police report: A report will officially document the incident and can be helpful in your claim.
- Seek medical attention: Even if you feel fine, some injuries may not present immediate symptoms. Visit a doctor for a thorough evaluation.
3. Can I hold the train company responsible for an accident if I was partially at fault?
Missouri operates under a “comparative fault” rule, meaning that even if you were partially at fault for the accident, you may still be able to recover damages. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you were found to be 20% at fault and the damages awarded were $100,000, you would receive $80,000. It’s important to work with an attorney who can investigate the accident details and assess the level of fault for all parties involved.
Do You Want to Pursue a Claim?
If you’ve been involved in a car-train collision in Missouri, you can pursue a claim against the freight train company that caused the accident. Understanding the legal framework, gathering evidence, and seeking legal counsel will increase your chances of receiving fair compensation for your injuries and damages.
If you or someone you know has been in such an accident, it’s important to consult with a Missouri-based personal injury lawyer who can guide you through the process and help you navigate the complexities of train accident claims.
Don’t hesitate to reach out for a consultation by calling us at 573-335-6651. Getting the right support and legal advice could make all the difference in your case.