Oklahoma Train Accident Lawyers
Fight for Deserved Financial Compensation for Your Injuries
Serious injuries and death are often the result of even the most minor
accident when a train carrying tons of cargo while traveling at high rates
of speed derails or collides with a car or truck. Injured victims and
grieving family members need immediate medical care. After recovering
from the initial shock, victims should take the right steps to ensure
their legal rights are protected.
Oklahoma’s Premier Personal Injury Law Firm
Train accident claims are complex and require an attorney committed to
a higher level of legal representation. Martin Jean & Jackson is
Oklahoma's premier personal injury firm for a reason. Our team of lawyers
combines 100 years of experience and we have recovered over 500 million
dollars for over 15,000 personal injury clients. We have a track record
of success in maximizing compensation for Oklahoma residents when negligence
takes the form of:
- Unmarked railway crossings
- Poorly maintained tracks
- Improperly maintained equipment
- Operator inexperience
- Operation of a train under the influence of drugs or alcohol
- Operation of a train while driver is fatigued
When railroad companies and their employees fall short of basic safety
standards in track maintenance and fail to ensure lines of site, life-changing
accidents occur. Trains require more time and distance to stop. The slightest
defect or obstruction could lead to catastrophe.
Long-term medical treatment, staggering doctor bills, lost wages and, in
some cases, burial expenses combine with the physical pain and emotional
grief following train accidents. Our job is to pursue justice in the form
of maximum compensation.
Types of Train Accident Cases Our Lawyer Handle
- Passenger train vehicle accidents
- Train accidents that involve pedestrians
- Trail derailment accidents
- Equipment malfunction accidents
- Muliple train accdients
Conveniently Located Offices throughout Oklahoma
Our firm operates on contingency fees, meaning we do not charge feels unless
clients see some compensation for their case. Contact an Oklahoma train
accident attorney at one of our four offices conveniently located.
For a free consultation,
reach out to our compassionate Oklahoma train accident attorneys.
Train Accident FAQ
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What causes most train accidents?
For the most part, a train accident occurs in one of two ways: the train
strikes a vehicle in its path or the train derails. Catastrophic derailments
are rare, so most train accidents involve a vehicle being struck by a
train at a crossing point. How those accidents happen will vary. It is
not reasonable to blame every train accident on driver inattention. In
many situations, crossing gate defects might have contributed to the accident,
such as the gate not dropping, so drivers had no idea a train was approaching
before attempting to cross.
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Are there laws a train conductor must follow at a railroad crossing?
Everyone needs to approach a railroad crossing with caution, including
conductors at the front of trains. When nearing a crossing, the conductor
should ensure that the train is traveling at the approved speed limits
for the area, which can vary noticeably. They also need to be alert for
any cars that are stuck on the rails and for any indication that the crossing
gates are malfunctioning. Other train staff members should ensure that
there are no passengers in prohibited areas that could interfere with
the train’s operation, too.
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Can railroad workers injured in a train accident sue, too?
Train accident lawsuits are usually brought by motorists and passengers
who were hurt in a crash, or who lost a loved one in an accident. However,
railroad workers might have legal grounds to file a claim, too, but it
depends on the different details of the situation. For example, many railroad
workers have workers’ compensation coverage that allows them to
get medical care and wage replacement benefits without the need for a
lawsuit. In such a case, the railroad worker could only sue a third party,
i.e., not their employer, for damages that have not been provided through workers’
comp. To understand your legal options after being hurt in a train accident
as either a motorist, passenger, or railroad worker, we highly recommend
calling our attorneys at
.
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Are train accidents always handled with class action lawsuits?
A class action lawsuit is useful when dozens, hundreds, or thousands of
plaintiffs have been harmed in a similar way or the same situation. Because
train accidents often result in numerous people being injured, such as
all of the passengers in a train that derails, many such cases are handled
with a class action lawsuit. The possibility to pursue compensation after
a train accident with an individual injury claim still remains, though.
For example, someone who was driving when their car was hit by a train
would have no need for a class action lawsuit when filing against the
defendants.
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How much time do you have to file a train accident lawsuit?
The statute of limitations – or how much time you have to file a
lawsuit before a court will dismiss anything filed from that point on
– for a train accident lawsuit will depend on where you live
and who is being named as a defendant. Each state has its own statute of limitations
for personal injury cases, which is usually two years from the date of
the accident. But if you need to name a federal agency like the Federal
Railroad Administration as a liable party and defendant, then the statute
of limitations could be much shorter. Typically, filing against a government
entity drastically reduces the statute of limitations, sometimes down
to just 90 days. It is crucial to seek the counsel of a train accident
attorney as soon as possible for this reason and more.
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What compensation can you get after a train accident?
If you were injured in a train accident, then you can seek compensation
that pays for your medical care, lost wages, pain, suffering, and property
damage, like the replacement of your vehicle. The situation will be a
bit different if you lost a loved one in a train accident, though. At
that point, your case would be a wrongful death claim, which can include
different damages. For example, many wrongful death claimants can pursue
damages related to burial costs, wages the deceased would have earned
in life had the accident never happened, and the loss of companionship
and support the plaintiffs have endured.
