5 Steps You Need to Take When Filing a Claim for a Railroad Crossing Accident
Railroad crossing accidents can cause serious injuries or even fatalities. According to the Federal Railroad Administration (FRA), there were 2,184 rail crossing accidents in 2022. Those accidents caused 274 deaths and 774 injuries, the FRA reports.
For accident victims, navigating the complex claims process successfully to obtain fair compensation is essential. In this article, we’ll be discussing the five steps you need to take when filing a rail crossing claim and seeking justice for wage theft caused by the accident.
1. Document the Accident Scene
The first step in filing a railroad crossing claim is to document the accident scene. Gather essential information such as the names and contact details of witnesses, the railroad operator’s name, and any relevant details about the train involved.
In particular, learn which company owns and maintains the railroad tracks. Also learn which company operates the train. You need to ask because railroads often operate trains on other companies’ tracks.
Get the names, contact information, and job title for every railroad employee you meet. Contact information should include a direct phone number, social media, or email and an address. If possible, get business cards or contact information, from railroad employees, law enforcement officers, paramedics, firefighters, journalists and anybody else at the accident scene.
Take photographs or videos of the accident scene, including any signs, signals, tracks, and vehicle damage. You need pictures because photos can strengthen your case. If you’re unable to collect evidence personally, ask a friend or a family member to assist or use a lawyer’s help.
2. Seek Medical Treatment
Even if you feel uninjured or have only minor injuries. It is crucial to visit a healthcare professional promptly. Following the accident, some injuries might not become immediately evident. Seeking medical attention can help protect your health and build a stronger rail crossing claim.
Keep thorough records of medical visits, treatments, prescriptions, and diagnoses, as they will be necessary to prove the extent of your injuries and support your claim. Ask healthcare providers for documentation, including x-rays and test results. If possible, get a paper or digital copy of all medical records.
Get records from every healthcare provider you visit, including the emergency room. Get a name, job title, and contact information, or a business card, from every healthcare professional who treats you, including nurses, paramedics, and technicians.
3. Consult with a Railroad Crossing Accident Attorney
Railroad crossing claims can be complex because they often involve both state and federal laws. An experienced attorney specializing in rail crossing accidents will guide you through the legal process and help navigate your case toward a successful resolution.
Moreover, a knowledgeable attorney can identify other potential responsible parties, such as the train operator, the rail line owner, insurance companies, or the company responsible for maintaining the crossing safety equipment, increasing your chances of obtaining fair compensation.
Never sign a document or speak to a railroad company’s attorney until you consult an attorney. You need your own attorney because the company lawyer works for the railroad. That lawyer’s job is to keep the railroad’s costs as low as possible.
Thus, you should never accept a settlement from the railroad until consulting an attorney. You need to consult an attorney because the railroad attorney will try to get you to accept the lowest settlement possible.
4. File a Claim and Preserve Evidence
Your attorney will help you file a claim and present all necessary documents and evidence in compliance with legal requirements.
This may include submitting a notice of intent to sue to the railroad company or other responsible parties, drafting a complaint, and gathering records such as train videos, event data recorder information, and maintenance records.
Never file a claim on your own because insurance and railroad companies will try to talk you into signing away your legal rights. Their attorneys will also try to talk you into accepting the smallest settlement possible. Having an attorney can convince companies you are serious and force them to offer a just settlement.
5. Prepare for Trial or Negotiate a Settlement
While many railroad crossing accident claims end in negotiated settlements, your attorney should prepare your case to go to trial if necessary. Trial preparation is vital because the threat of a trial can convince companies to offer a large settlement.
Never negotiate a settlement yourself. Use an attorney because the railroad’s attorneys will try to talk you to the lowest settlement. You need an attorney because railroads and insurance companies have many lawyers on their side.
Thorough case preparation, investigation, and expert consultation can make a significant difference in obtaining fair compensation for your accident-related losses, including medical expenses, lost wages, and pain and suffering. In particular, through case perpetration can convince the railroad to give you a big settlement.
Conclusion
Seeking justice for railroad crossing accident victims involves a complex legal process that requires careful attention to detail, expert consultation, and solid evidence gathering. By following these five essential steps — documenting the accident, seeking medical treatment, consulting an attorney, filing a claim, and negotiating a settlement or preparing for trial — you can maximize your chances of obtaining fair compensation for your injuries and losses.
Remember the sooner you take action, the better your chances of building a strong case. Don’t let your right to justice slip away; consult an experienced railroad crossing accident attorney today.