We help victims of train accidents get the compensation they deserve.
Trains are large, powerful, and can travel at high speeds, so when they are involved in an accident, injuries and damages can be catastrophic. The railroad industry is regulated by both Kentucky and federal laws that require railroad companies and train operators to take safety measures to protect passengers, workers, other vehicles, and surrounding communities from harm. When they fail to do so and an accident occurs as a result, an experienced Kentucky personal injury attorney can help hold the responsible parties accountable.
If you or a loved one was seriously injured or someone has died in a train accident due to another party’s negligence or fault, you may be entitled to compensation for your losses through insurance or a lawsuit. While no amount of money can make up for the pain and anguish you are experiencing, a fair settlement can pay for the costs of treatment and care and help you and your family move forward with your lives.
However, be aware that regulations and rules for railroads and Kentucky laws for personal injury are complicated, and railroad companies and their insurers have adjusters and lawyers who will attempt to get you to settle for the lowest amount possible or deny your claim entirely. Fortunately, you do not have to go up against them on your own. Attorney Billy Johnson knows the laws and how the railroad industry operates, and he will aggressively hold all negligent parties accountable for the damage they have done. Let Billy handle all legal hurdles, investigations, and negotiations involved with winning compensation, so you can focus on putting your life back together.
Why Choose Our Train Accident Injury Lawyer
After a serious train accident, it is important to find a personal injury attorney you can trust and feel comfortable with, who also has the experience skills and resources to fight for the settlement you deserve. Here are some reasons why we feel you should choose the Johnson Law Firm:
- We are experienced. Attorney Billy Johnson is highly skilled and aggressive when going after negligent parties, and has been helping victims of train and car crashes since 1998.
- We get results, including a $24 million settlement in a recent truck wreck case on the first day of trial.
- We are local and know Kentucky courts, judges and systems, as well as federal laws.
- We are compassionate and take a personal interest in each client. Billy Johnson won’t turn your case over to a less experienced personal injury attorney or paralegal; he gets to know your case inside out and works tirelessly for you. We have helped many satisfied clients, and you can read their testimonials here.
- We are certified and respected for the work we do. Billy Johnson is an instrument-rated pilot, and his legal acumen has been recognized by the following organizations:
- We offer free consultations to get you started, and there are no fees to you unless and until we win your case.
How Our Kentucky Train Accident Attorney Works for You
The Federal Railroad Administration (FRA) oversees the Office of Railroad Safety, which works to ensure the safety of workers and passengers throughout the United States. When accidents happen, railroad companies and their insurers have legal teams dedicated to minimizing liability, and will quickly send an investigation team to find the best ways to limit their financial losses, deflect responsibility, and avoid paying claims.
They may even blame the victim, claiming a driver was distracted or trying to “beat the train.” According to Kentucky Revised Statutes section 411.182, the amount of damages you can recover in a lawsuit is reduced by the same percentage you are found to be at fault. That is why it is so important to have a train accident attorney handle your case as soon as possible.
When you have the Johnson Law Firm on your side, we will start working for you immediately. We will:
- Meet with you to discuss the individual circumstances of your accident, identify all possible at-fault parties, estimate what your case should be worth, and determine the best way to move forward.
- Investigate the accident and gather evidence. Train derailments and accidents can be caused by poor track maintenance, signal malfunctions, excessive speed, and mechanical failures, as well as driver fatigue, distraction, or intoxication. We can hire accident reconstruction experts to determine fault and conduct investigations by examining the crash scene, obtaining videos and photos of the scene and the damages, and interviewing eyewitnesses and first responders, and determining if any safety or hiring and training requirements or laws were violated.
- Deal with insurance companies and aggressively negotiate for a fair settlement.
- Take your case to court should negotiations break down, and advocate on your behalf. We will be there at every stage of the legal process, from handling discovery and filing pretrial motions, to presenting evidence and making closing arguments,
- File any appeals if necessary.
Train Accident Injury Lawyer Must Prove Negligence
Railroads are considered common carriers and therefore owe passengers the highest duty of care by taking all necessary precautions to ensure their safety. In addition, the Federal Employers Liability Act (FELA) §51 protects railroad workers who are injured on the job and provides a legal avenue to seek compensation.
In order to win your case, our train accident injury lawyers must prove that another party (the defendant in the case) was negligent and at fault for causing the accident. To prove negligence legally, we would have to demonstrate the existence of the following factors:
- Duty — The defendant owed you a duty of reasonable care not to cause harm.
- Breach — The defendant breached this duty by actions or failure to act.
- Cause — This breach of duty caused the accident.
- Damages — You suffered injuries and damages as a result.
Proving negligence in train accident cases is complicated, because there are often multiple reasons for the accident and there may be several parties involved who may be at fault and liable for damages. These may include:
- The train conductor, who may have been operating the train while intoxicated, distracted, or fatigued, or who failed to blow the train warning whistle at a crossing.
- The railway company, which may have hired negligently, failed to provide proper vetting or training of employees, or failed to maintain equipment properly.
- A maintenance company, which neglected to maintain and make repairs of trains, tracks, signals, or switches.
- Motorists or pedestrians who fail to follow traffic or railway signage in an attempt to beat a train through a crossing or who were trespassing on the tracks.
Our train accident lawyers in Kentucky will look to identify all potentially negligent parties and hold them accountable, as they all may have insurance and assets that can go toward a settlement.
Compensation Our Kentucky Law Firm for Train Accidents May Recover
According to the Federal Railroad Administration, approximately 3,000 accidents involving trains happen every year, and at least 1,000 involve fatalities. Billy Johnson will fight for a settlement that provides payment for all damages – the physical, emotional and financial losses that result from the crash. These may include:
Economic damages — for calculable monetary losses, such as:
- Medical, hospital, therapy and continuing care expenses
- Lost wages and potential future earnings
- Property damage.
Non-economic damages — for losses that do not have a specific dollar value but negatively impact your life, such as:
- Physical and emotional pain and suffering
- Loss of consortium, companionship, and enjoyment of life
- Wrongful death, if a family member loses their life in the crash.
Punitive damages. In rare cases involving a defendant’s gross negligence or malicious intent to harm, you may also receive punitive damages, intended to punish the at-fault party and to deter others from acting similarly in the future.
Get Help from Our Train Accident Lawyers in Kentucky
Going up against a train company and their insurance representatives can seem overwhelming, but the Kentucky train accident attorneys at the Johnson Law Firm are here to help. Whether you were a motorist, passenger, worker or pedestrian, or you suffered damage due to hazardous materials from spillage after a crash, you have a right to compensation.
The right law firm makes a difference. At the Johnson Law Firm, our experienced and compassionate legal professionals are fully prepared to evaluate your case and guide you through the legal processes necessary. We work on contingency, which means we get paid only when you get paid.
Call us at 606-437-4488 today for a free, no-obligation consultation, so we can get started working on your behalf while evidence is fresh and witnesses can be found.
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