Train Crash

Quality Legal Services from Mississippi Train Crash Attorneys

Reliable representation from a team of injury lawyers with decades of experience

Although we have seen several significant train crashes in the news lately, train accidents are not common occurrences. The Federal Railroad Administration (FRA) which is part of the U.S. Department of Transportation (DOT) reports that there were 2,105 vehicle-train collisions in the United States in 2017, with 274 fatalities and 807 injuries. Last year, the DOT launched a public safety campaign called, “Stop. Trains Can’t!” A story in Forbes reports that trains always have the right of way because they cannot swerve, stop quickly or change directions to avert a collision. It takes a freight train travelling 55 miles per hour about a mile–the length of 18 football fields or more–to come to a stop once the emergency brake has been applied.

At Merkel & Cocke, PA, we represent Mississippi drivers, pedestrians, and passengers who were injured in collisions, derailments and other types of train-related crashes. Our skilled team of injury lawyers understands the complexities of common carrier claims – especially those involving private or

Various types of train accidents

There are many different types of train accidents that can occur under an unlimited number of circumstances. Here are some examples:

  • Derailment
  • Railroad crossing collisions
  • Vehicle colliding with a train
  • Train colliding with another train
  • Train hitting a person

Railroad crossing collisions

Most train crashes that occur in the U.S. happen at railroad crossings. A car might get stalled on the tracks, traffic might get backed up and a car ends up on the tracks at crossings that do not have safety bars that come down. Sometimes, when crossings are not marked with lights and safety bars, vehicles can crash into an oncoming train at night.

Proving negligence after a train accident

before you can recover compensation for an injury in a train accident, you must first prove how the negligence of the train operator, the railroad, the driver of another vehicle caused the crash. The National Transportation Safety Board (NTSB) conducts investigations of Amtrak collisions and derailments. Once their official report has been released, your Mississippi train crash attorney will compile a case which proves how the negligence of the at-fault party caused the accident and your injuries.

As a common carrier, the railroads, Amtrak conductors and operators, railroad maintenance workers, mechanics and other employees have a duty to the public to provide safe transportation on their trains. When a train operator or other employee breaches the duty of care owed to the passengers, and that breach is the direct cause of your injury, you may have grounds for an injury claim.

What damages can I recover after an injury from a train accident?

If you have been injured in a train accident while you were a passenger on an Amtrak train, it is important to note that there is a $200 million cap per accident for payouts on damages claims. Congress placed a limit on the amount for which Amtrak could be held liable per single railroad accident. This means that until Congress raises the cap, everyone who was injured and suffered losses in a single crash will have to share the $200 million payout limit.  You might typically include economic and non-economic damages such as:

  • Medical expenses
  • Lost wages
  • Diminished earning capacity
  • Disability
  • Pain and suffering
  • Emotional distress

Your Mississippi train crash attorney at Merkel & Cocke can advise you on what your case is worth and what you might be able to recover given the claims for injuries and wrongful death from other passengers.

Contact our skilled Mississippi train crash lawyers if you were hurt

At Merkel & Cocke, our experienced team of injury attorneys is here to fight for compensation for you after a train crash or any other type of transportation accident. We serve the injured throughout Mississippi, including Jackson, Clarksdale, Oxford, Tupelo and across the Gulf Coast region. We also handle mass transit injury cases which happened in Tennessee and Arkansas. Call us today at 662-627-9641 or complete our contact form to schedule a free initial consultation with our experienced lawyers right away.