Freight train accidents are among the most devastating incidents on our roads, often leaving victims with life-altering injuries and overwhelming questions about what to do next.
If a freight train accident injures you or a loved one, seeking immediate legal representation should be your next step.
The complexity of railroad regulations, multiple liable parties, and the severe nature of these accidents demand the attention of a freight train accident attorney who understands both the regional landscape and the intricate legal framework surrounding train accidents.
At Cook, Barkett, Ponder & Wolz, our trial lawyers have successfully represented victims of freight train crashes throughout Cape Girardeau, Sikeston, Scott City, Poplar Bluff, and the broader Southeast Missouri region.
When insurance companies refuse fair settlements, we combine our deep understanding of railroad law with aggressive litigation strategies.
We are trial lawyers who take on tough cases, and we won’t back down from insurance companies or large corporations refusing to offer fair settlements. Our team is here to help you seek the compensation you deserve.
Freight Train Accidents in Southeast Missouri
A freight train crash involves a collision or incident involving a freight train and another party, such as a car, truck, or pedestrian. Freight trains operate across Southeast Missouri, carrying goods and materials through our communities. Unfortunately, the combination of massive freight trains and road traffic can lead to tragic outcomes.
Southeast Missouri’s position as a major transportation corridor means our communities see significant freight train traffic daily. The BNSF Railway and Union Pacific Railroad operate extensive networks throughout our region, with multiple grade crossings in populated areas. These crossings create numerous potential conflict points between trains and vehicles.
Common types of freight train accidents in our region include:
Vehicle-Train Collisions at Crossings
Many freight train accidents occur at railroad crossings where vehicles attempt to cross tracks.
These collisions often happen due to:
- Malfunctioning crossing gates or warning signals
- Inadequate visibility at crossings
- Overgrown vegetation blocking sightlines
- Poor crossing maintenance
- Improper track signage
- Engineer negligence or fatigue
- Brake failures or mechanical issues
Derailments
While less common than crossing accidents, derailments can cause catastrophic damage, especially when:
- Tracks are improperly maintained
- Weather conditions compromise track integrity
- Mechanical failures occur
- Speed regulations are violated
- Track switches malfunction
Yard Accidents
The numerous rail yards throughout Southeast Missouri can be sites of serious accidents involving:
- Loading and unloading operations
- Equipment failures
- Worker injuries
- Chemical spills
- Multiple train collisions
Train Crash Injuries
Due to freight trains’ massive size and weight, these accidents often result in catastrophic injuries or fatalities. A fully loaded freight train can weigh over 20,000 tons and take over a mile to come to a complete stop after the emergency brakes are applied. When a freight train strikes a passenger vehicle at 80 miles an hour, the occupants sadly stand little chance of survival.
Those who do survive may suffer brain injuries, spinal cord injuries, lost limbs, crush injuries, severe burns, and other devastating harm. Injured victims and families who lose loved ones in fatal accidents face astronomical medical bills, lost income, immense pain and suffering, and permanent life changes.
Why Do I Need a Freight Train Accident Attorney?
Train accident cases involving serious injuries or wrongful death are highly complex for a number of reasons, making it important to work with a lawyer who understands the many complications that affect these cases.
Multiple Potentially Liable Parties
Unlike a typical car accident claim that may just involve two drivers, train accidents often implicate numerous parties who may share liability, such as:
- The train operator and/or conductor
- The railroad company that owns and maintains the trains and tracks
- Companies that are contracted to inspect and repair tracks, signals, and rail equipment
- The manufacturer of a faulty train component or defective piece of track
- The owner of the land where a railroad crossing accident occurred
- The company shipping hazardous cargo involved in a spill
- Other motorists, pedestrians, or employees whose negligence contributed to the accident
Determining all possible defendants and sources of compensation is an intensive process that requires meticulous investigation by knowledgeable attorneys and experts.
Overlapping State & Federal Laws
A combination of federal and state laws and regulations govern railroad accident cases.
At the federal level, the Federal Railroad Administration (FRA) oversees rail carriers and track safety, while the Federal Employers Liability Act (FELA) provides a cause of action for injured railroad workers to sue their employers.
Additional federal regulations may include:
- Federal Railroad Safety Act (FRSA)
- Railroad Safety Improvement Act
- Hours of Service regulations
- Track safety standards
- Grade crossing regulations
Lawsuits brought by passengers and the public fall under state personal injury and wrongful death statutes.
An attorney handling a Southeastern Missouri train accident case needs to understand the interplay between these complex and sometimes contradictory laws to build the strongest case.
Aggressive Insurance Tactics
Freight carriers and their insurance companies know that catastrophic train accidents mean massive potential payouts. You can expect them to vigorously defend against your claim and attempt to shift blame to you. They may argue that you drove around lowered gates at a rail crossing, didn’t stop at a crossbuck, or trespassed on railroad property.
Anything you say to an insurance adjuster can and will be used against you. An experienced SEMO personal injury lawyer can handle all communications with insurance companies and protect you from saying something that jeopardizes your claim.
Access to Key Evidence
Much of the evidence needed to prove a freight train accident case, such as data from the train’s event recorder (black box), video footage, and maintenance and inspection records, is in the hands of the railroad company. They are not eager to hand this over, especially if it exposes safety violations or negligence on their part.
Your attorney may need to act quickly to preserve this critical evidence. Through the discovery process, your legal team can subpoena documentary evidence, take depositions, and consult accident reconstruction experts to determine exactly what happened and who is at fault.
What to Look for in a Southeast Missouri Train Accident Lawyer
When choosing an attorney to handle your SEMO train accident case, consider these key factors:
A Local Presence
You want a law firm familiar with the rail lines, crossings, companies, and courts in Southeast Missouri. Cook, Barkett, Ponder & Wolz has deep roots in Cape Girardeau and knows the region inside out. We understand the unique issues facing train accident victims in Southeastern Missouri, which provides distinct advantages.
Regional Railroad Operations
Our law firm’s familiarity with local railroad operations includes knowledge of:
- Major rail corridors through Southeast Missouri
- Common crossing danger zones
- Local maintenance practices
- Regional railroad company policies
- Historical accident patterns
- Local emergency response protocols
Court System Experience
We regularly work within:
- Southeast Missouri state courts
- Federal courts in the Eastern District of Missouri
- Local regulatory bodies
- Regional claims offices
Community Understanding
Our deep roots in the community provide:
- Relationships with local investigators
- Knowledge of regional medical providers
- Understanding of local jury pools
- Familiarity with community resources
- Strong connections with local experts
Focused Railroad Accident Experience
Our legal team has specific experience handling complex train accident cases, not just auto accidents or general personal injury. These cases require focused knowledge of railroad operations, equipment, applicable laws, and regulations.
Our lawyers have successfully represented numerous train accident victims, including a tragic case where five people burned to death when an Amtrak train collided with a pickup truck in Scott County. Our results in that case do not guarantee that you will obtain similar compensation, but they demonstrate the successful experience you could use working for you.
Litigation and Trial Skills
The unfortunate reality is that railroad companies and insurers rarely offer a fair settlement to seriously injured people without putting up a fight. Your lawyer must have the skills and resources to build a compelling case and the willingness to go to trial if necessary.
At Cook, Barkett, Ponder & Wolz, we are first and foremost trial lawyers. We prepare every case thoroughly and will not back down in the courtroom if it is in our client’s best interest.
Access to Medical and Accident Reconstruction Experts
A powerful train accident case often depends heavily on expert testimony to prove causation, the extent of injuries, and liability. Your legal team needs access to medical experts who can fully assess your injuries and long-term healthcare needs, as well as accident reconstructionists who can explain the mechanics of how the incident occurred. We work with the best experts in their fields to build an airtight case.
Commitment to Client Service
At Cook, Barkett, Ponder & Wolz, we always put our clients first. We know that this is likely one of the most difficult times in your life, and we are here to shoulder the legal burden so you can focus on healing.
Our team is responsive, attentive, and always available to answer your questions. We work on a contingency basis, meaning we only get paid if we recover compensation for you.
Next Steps for Seeking Help
We understand that this is an overwhelming and confusing time. The best way to learn about your legal rights and options after a serious train wreck is to speak with an experienced attorney as soon as possible.
Do not talk to the insurance company before consulting a lawyer. Preserve any evidence you have from the scene, such as photos, police reports, and medical records.
How Long Do You Have to File a Claim?
If you are considering legal action after a freight train accident in Missouri, be aware of the statute of limitations. A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you file suit after the statute of limitations expires, the court will almost certainly dismiss your case, regardless of its merits.
Under Missouri law, most personal injury claims, including those arising from freight train accidents, must be filed within five years of the date of injury. This means if you were hurt in a train collision on August 1, 2023, you would have until August 1, 2028, to sue the responsible parties.
While five years may seem like a long time, contact a SEMO personal injury attorney as soon as possible after a freight train wreck. These cases often require extensive investigation, evidence gathering, and preparation.
Key evidence can disappear or degrade over time. Witnesses can forget important details or become difficult to locate. The sooner your attorney can start building your case, the better your chances of success.
Missouri has a separate statute of limitations for wrongful death lawsuits. If your family member was killed in a fatal train accident, you generally have three years from the date of death to file a wrongful death claim.
In some rare circumstances, the clock on the statute of limitations may delay or toll. For example, if the injured person was under 21 or mentally incapacitated at the time of the accident, they may have additional time to file a claim once they turn 21 or are declared competent. However, err on the side of caution and consult an attorney early.
Contact Cook, Barkett, Ponder & Wolz
The fallout from a catastrophic freight train accident can impact all aspects of your life for years to come. At Cook, Barkett, Ponder & Wolz, we’ve helped countless injured people in Southeast Missouri put their lives back together and move forward from tragedy.
If a train collision has injured you or killed someone you love, our Cape Girardeau attorneys are here to help. We serve clients in Sikeston, Scott City, Perryville, Jackson, Poplar Bluff, and all of Southeast Missouri.
Contact us today at (573) 335-6651 for your free initial consultation, or contact us online now. Our office is conveniently located across from the Osage Center. We look forward to putting our experience and dedication to work for you.