A train derailment can cause a major disruption to the railroad. Depending on the cargo, a derailment can also cause significant harm to the surrounding environment. Who would be responsible for the cleanup and any damages? That is where things can get complicated. This is why you need an experienced Charleston train derailment accident lawyer to help sort out who is liable in this type of accident and who needs to pay compensation for any injury.
The attorneys at DiPiero Simmons McGinley & Bastress, PLLC, have experience with these types of accidents. Our firm understands the grave nature of train derailments and doesn’t take such accidents lightly. If you or a loved one has suffered injuries, personal harm, or property damage as a result of a train derailment, our Charleston train derailment accident lawyers want to help you pursue justice.
What Are the Common Causes of Train Accidents?
According to data collected by the Federal Railroad Administration (FRA), there were 10,254 railroad accidents across the country in 2024. These accidents include injuries sustained at the platform by passengers and at railroad crossings.
The following are some of the common causes of train accidents:
- Signal and communication errors
- Train operation errors
- Speeding
- Failure to brake properly
- Improper use of switches (going from one track to another)
- Mechanical and electrical failures
- Track, roadbed, and other structural failures
- Broken rails or welds
- Improper loading procedures
- Environmental conditions
- Failure to keep train platforms safe and free of hazards
Many railroad companies own their own track. That makes them responsible for the upkeep of the track and platforms. That upkeep involves regular maintenance and inspections along every inch of the track. If an accident occurs involving a railroad company train, the railroad company may be liable for injuries and damages caused by maintenance-related oversights and errors.
On the other hand, Amtrak is government-owned, which means government agencies are tasked with the responsibility of maintaining the tracks and platforms. When an accident occurs, you have to establish who owns the train and who owns the track.
The attorneys at DiPiero Simmons McGinley & Bastress, PLLC can help identify all the correct at-fault parties.
Why Are Train Derailments So Hazardous?
The sheer size of trains makes them a force to be reckoned with, and when accidents occur, the results can quickly turn deadly. Train derailments remain common in the railroad industry.
Negligence, improper track switching, and poorly trained crews can all lead to train accidents in West Virginia. The consequences of these accidents are undeniable and can include:
- Lost wages
- Business shut down
- Exposure to toxic chemicals
- Contaminated drinking water
- Serious burns from oil explosions
- Damaged and destroyed houses
- Injured passengers and bystanders
- Death
Keep in mind that if you’ve been harmed because of a train derailment and a class action lawsuit is filed, you’re still entitled to file an individual complaint.
This is the exact type of scenario you want to discuss with a qualified attorney.
Frequently Asked Questions About Train Derailment
A train derailment accident is a major incident. It will automatically trigger the involvement of many federal, state, and local agencies, which will all conduct their own investigations. It will also mean generating a lot of questions. We can help with those answers, starting with these questions:
How long do I have to file a lawsuit for a train accident injury?
A train accident lawsuit would be considered a personal injury claim, and that falls under the West Virginia statute of limitations, which is two years. When you consider the amount of investigation involved in this type of accident, those two years will go by fast.
Can you file a lawsuit if you are injured on railroad tracks that weren’t a designated crossing?
Yes, provided you can prove that a train company owns the property or the railroad. You can also establish that the train operators were negligent.
What damages can I recover from a train accident claim?
When the train accident causes injury, you can recover your medical expenses and lost wages related to the accident. If a fatality occurred, the surviving family members can also make a claim for those losses.
The damages can also include pain and suffering that could be considered non-economic, which speaks to how much the accident has impacted your life.
Will my case be settled out of court?
When the evidence is strong, including witness and expert testimony, most train accident cases are settled out of court. A railroad company will want to avoid putting a strong case in front of a jury that could be more costly.
Once we take on a claim, we will begin negotiations with the goal of finding a settlement that supports you and your family. We also want to make sure these claims are handled as quickly as possible.
What if more than one person was injured in the same accident?
When there are multiple injured parties, a class action lawsuit can be filed that will pool all the plaintiffs together. That group will divide any settlement. You are also entitled to file an individual lawsuit. We can advise you on all your relevant options and help you make informed decisions about pursuing your claim.
Put a Skilled Charleston Train Derailment Accident Lawyer in Your Corner
If you’ve been victimized by a train derailment, the importance of obtaining legal counsel cannot be overestimated.
Trains are usually backed by powerful corporations, and this can make it difficult to recover the compensation you deserve. With a train derailment accident attorney on your side, you can avoid getting pushed around as you file a claim. The Charleston train derailment accident lawyers working at DiPiero Simmons McGinley & Bastress, PLLC, aren’t afraid to go up against the big insurance carriers or take on a government agency. We’ve been successful doing that dozens of times.
Schedule your free consultation today to learn why our firm is one of the most trusted in all of West Virginia.
