Kansas City Train Accident Attorneys

Train Accident Lawyers Handling Claims & Lawsuits

Train accidents can result in devastating and life-altering consequences, leaving victims to cope with significant physical, emotional, and financial burdens. In Kansas City, the Law Office of Tom Wagstaff Jr. stands as a proud legal ally for anyone who has been injured or lost a loved one in a train accident. With seasoned trial attorneys on our team, we are prepared to take cases to court when necessary, as is often required in train accident cases filed against a railroad company or government entity. With us in your corner, you have a powerful advocate ready to fight for your rights and seek the justice and compensation you deserve.

Talk to a Kansas City train accident lawyer today. Dial (816) 597-4556 and ask for a no-cost case review with our firm.

Different Types of Train Accidents

Train accidents can vary widely in their causes and consequences. Some incidents may involve another party or vehicle, such as a car, another train, or even a pedestrian. Other train accidents might only involve the train and its cars in a kind of large-scale single-vehicle accident. Regardless of the circumstances, these accidents often result in significant damage and injury due to the sheer size, weight, and speed of trains.

Three common types of train accidents are:

  • Derailments: This type of accident occurs when a train comes off its tracks. Derailments can be caused by various factors, including track defects, equipment malfunctions, or excessive speed. 
  • Train-car collisions: These accidents typically occur at railway crossings where a train collides with a motor vehicle. They often result from faulty crossing signals or poor visibility to either side of the crossing, making it impossible to see an approaching train.
  • Bridge failures: If a bridge fails while a train is crossing over it, the consequences are guaranteed to be catastrophic. Causes of bridge failures can include structural deficiencies, poor maintenance, and heavily overloaded train cars.

Who is Liable for a Train Accident?

Determining liability in a train accident can be complex due to the many parties involved in the operation, maintenance, and oversight of trains and railroads. We can investigate the cause of a train accident on your behalf by using our extensive resources.

Entities that could potentially be found liable for a train accident might include:

  • Train operating company: Typically, the company that operates the train may be held responsible for accidents. This could be due to negligence in maintaining equipment, improper training of staff, or failure to follow safety protocols.
  • Federal Railroad Administration (FRA): The FRA is responsible for enforcing rail safety regulations across the United States. If an accident was caused by poor rail maintenance, and it's determined that the FRA failed in its duty to enforce compliance with safety standards, it could potentially be held liable.
  • Local or municipal transportation departments: Local transportation departments may have a responsibility to maintain safe conditions at railroad crossings. If an accident occurs at a crossing due to a lack of proper signage, malfunctioning gates, or other safety issues, these departments could be found liable.

Proving Train Accident Liability

Our Kansas City train accident lawyers can employ comprehensive investigative strategies to determine and prove liability in train accident cases. By gathering and analyzing a variety of evidence to build a compelling case, we can confidently bring a claim against the right parties. We will be ready to negotiate for a settlement or prepare your case for litigation, depending on how the liable party reacts.

Evidence that we can use to prove liability for the train accident will vary, such as:

  • Accident reports: Our attorneys can review official accident reports from local law enforcement and the Federal Railroad Administration (FRA). These documents can provide critical details about the circumstances surrounding the accident.
  • Witness testimonies: Statements from witnesses can offer valuable perspectives on the train accident. We might interview passengers, railway employees, bystanders, or anyone else who may have observed the accident.
  • Expert analysis: We can consult with experts in fields such as accident reconstruction, engineering, or rail safety. These experts can provide insights into the technical aspects of the accident, helping to identify any negligence or safety violations.
  • Physical evidence: This might include photographs or video footage of the accident scene, damage to the train or other vehicles involved, or any relevant conditions of the track or crossing. It might also involve reviewing maintenance records, operator logs, or other documentation related to the train's operation and upkeep.

Train Accident Statute of Limitations

The statute of limitations for train accident claims depends on which state the accident occurred in. For example, if the accident happened in Kansas City, Missouri, the statute of limitations for personal injury claims, including those related to train accidents, is five years from the date of the accident. However, if the accident occurred in Kansas City, Kansas, the statute of limitations is two years.

It's crucial to note that claims against the federal government, such as the Federal Railroad Administration, may have much shorter statutes of limitations. You could only have weeks or months left to start a claim against a government defendant, so act quickly and speak with our team today.

Want Legal Help? Start by Calling Our Firm

Understanding the complexities of filing a train accident claim in Kansas City requires sharp knowledge and legal insight. With the potential for multiple parties to be involved, from railway companies to local or federal entities, you’ll want to have a dedicated legal professional on your side. Choose our experienced Kansas City train accident lawyers and see the difference we can make for your case. With professional legal support, you can confidently pursue justice during such a difficult time.

Call (816) 597-4556 today to talk with our Kansas City train accident lawyers.

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