Train Accident Lawyers in Summerville, SC
While less common than car accidents, train accidents in South Carolina can cause massive property damage and catastrophic injuries. Many train accidents happen due to negligence, leaving railroad companies and workers responsible for passengers’ injuries. Unfortunately, it’s difficult to recover fair compensation after a train crash without help from a Summerville train accident lawyer.
Murphy Crantford Meehan is ready to help if you sustained injuries in a South Carolina train accident. Our Summerville train accident lawyers have decades of combined experience they can use to help you recover fair compensation. While we handle the legal work, you can concentrate on healing and rebuilding your life. We’ve recovered substantial compensation for your clients, including several settlements or verdicts of $1 million or more. Call us today or complete our contact form for a free case evaluation.
Why You Need a Summerville Train Accident Lawyer
Having a skilled lawyer by your side after a train accident is essential for securing maximum compensation. For one thing, train accidents often involve complex factors, including multiple parties like rail companies, engineers, and even government entities. An experienced lawyer understands the unique legal landscape of train accident cases in South Carolina. They can thoroughly investigate your case, identify the responsible parties, and gather evidence to build a compelling claim.
A qualified attorney can also manage the many challenges of dealing with insurance companies or large corporations. Rail companies and their insurers often work to minimize payouts, downplaying the extent of injuries or shifting blame onto victims. An attorney can handle these negotiations to make sure you’re not pressured into accepting a low settlement. By fighting for the full compensation you deserve, a lawyer helps you cover your medical costs, lost income, pain and suffering, and more.
Without an attorney, you risk overlooking key aspects of your claim or missing crucial deadlines. Train accident cases can involve complex laws, and making mistakes can weaken your ability to recover fair compensation. Having a lawyer on your side means you can focus on healing while they handle every legal aspect of your case.
What Causes Train Accidents?
A lack of forethought or proper safety precautions is a common element of South Carolina train crashes. Some common causes of train accidents include:
- Poor Track Maintenance: When railroad companies neglect track upkeep, trains are at higher risk of derailing or colliding. Damaged tracks, broken rails, or misaligned switches can all cause accidents if left unaddressed.
- Defective Train Equipment: Equipment failure due to inadequate maintenance or defective parts can result in preventable crashes. Malfunctioning brakes, worn wheels, or faulty engines can lead to serious accidents.
- Operator Error: Train conductors and engineers must be well-trained, alert, and follow strict safety protocols to prevent accidents. Distracted driving, fatigue, or poor training can lead to mistakes that have tragic outcomes.
- Signal Malfunctions: Rail signals alert engineers to slow down, stop, or prepare for crossing areas. When these signals malfunction due to faulty wiring or inadequate maintenance, they may cause confusion, leading to dangerous collisions. Rail companies must maintain and inspect these signals regularly.
- Excessive Speed: Trains traveling too fast for track conditions or around curves are more likely to derail. Speed limits exist to ensure safe travel, but ignoring them can be fatal for train passengers.
- Inadequate Crossing Protections: Railroad crossings require gates, lights, and warning signals to keep drivers safe. If these protections are missing or malfunctioning, vehicles may cross without realizing a train is approaching, potentially causing a crash. Importantly, railroads are often liable for accidents at inadequately protected crossings.
- Failure to Implement Safety Technology: Technologies like Positive Train Control (PTC) automatically slow or stop trains if they exceed safe speeds or approach hazards. Some rail companies delay implementing these lifesaving technologies, prioritizing cost savings over safety. This failure can lead to avoidable accidents.
How Does Negligence Contribute to a Railroad Accident?
In a train accident claim, “negligence” means someone with the responsibility to protect train passengers failed to take proper precautions. This type of negligence can take many forms, and some parties who may be liable for a train accident include:
- Railroad Companies: When railroad companies neglect regular inspections or repairs, they put everyone’s safety at risk. Poorly maintained equipment, malfunctioning signals, or unsafe track conditions can cause serious accidents, making the railroad company liable.
- Train Engineers and Conductors: Engineers and conductors have a duty to operate trains safely. Distracted driving, fatigue, or improper training can lead to preventable errors. Operators who fail to follow speed limits and safety protocols or fail to remain alert can be held liable for negligence.
- Maintenance Crews: These teams are responsible for the upkeep of tracks, trains, and signals. If maintenance crews fail to inspect or repair equipment properly, they may contribute to accidents. Broken tracks, faulty brakes, or malfunctioning signals can often be traced back to maintenance lapses.
- Manufacturers: Train and equipment manufacturers must provide safe, defect-free products. If a train component fails due to a manufacturing defect, the manufacturer may be liable. Defective brakes, faulty engines, or malfunctioning signals can all lead to severe consequences.
- Government Agencies: Public agencies sometimes oversee rail safety and regulate railroad operations. If an agency fails to enforce safety standards or overlooks safety violations, it may share responsibility for an accident.
- Vehicle Drivers at Crossings: Drivers approaching railroad crossings must obey crossing signals and watch for oncoming trains. Their failure to exercise caution can place themselves and train passengers in danger.
Common Injuries from Train Accidents
The strong force of a train accident and the lack of safety features like seatbelts mean passengers often suffer severe injuries. Some common injuries from train accidents include:
Traumatic Brain Injuries (TBI)
Passengers and crew can sustain traumatic brain injuries from hitting train walls, seats, or windows during an accident. Even a small jolt can cause the brain to collide with the skull, leading to concussions or more serious brain trauma.
Spinal Cord Injuries
The force of a train collision or derailment can compress or fracture vertebrae, leading to spinal cord injuries. These injuries often result in partial or complete paralysis, affecting people’s mobility and requiring extensive medical care.
Broken Bones
Train accidents commonly result in fractures, especially in high-impact areas like the arms, legs, and ribs. Crushed limbs or blunt force from debris can cause multiple fractures. Severe bone breaks may require surgeries, physical therapy, and a prolonged recovery.
Burns
Fires and explosions sometimes occur in train crashes, exposing passengers to serious burn injuries. Burns can result from fuel ignition, electrical malfunctions, or hot metal surfaces. Severe burns may cause scarring, nerve damage, and increased infection risk.
Internal Organ Damage
The impact of a train accident can lead to internal injuries, including damage to organs like the lungs, liver, or kidneys. These injuries often result from blunt force trauma or crushing. Internal injuries may not be immediately visible but can be life-threatening and require emergency medical care.
Lacerations and Soft Tissue Injuries
Shattered glass, sharp metal, and flying debris cause deep cuts and other soft tissue injuries. These injuries may lead to extensive scarring, nerve damage, and infection if not treated quickly.
Potential Compensation in a Train Accident Claim
Working with an experienced attorney is vital for maximizing your compensation in a train accident claim. A train accident lawyer can help you seek compensation for many of your losses, including money for:
- Your lost income
- Any reduction in your earning capacity due to a disability
- Your current medical expenses
- Your future medical needs
- Your pain and suffering
- Your emotional distress
- Your reduced quality of life due to a disability
- The cost to replace or repair your damaged personal property (if applicable)
How Long Do You Have to File a Train Accident Lawsuit?
South Carolina law says you usually have three years from when you sustained your injuries to file a personal injury lawsuit. However, train accidents often involve claims against government agencies, and these cases involve special rules. You might only have a few months to submit a claim against a government agency, or else you lose your right to compensation. We recommend you speak to a lawyer about your case as soon as possible to preserve your right to compensation.
How Much Does a Train Accident Attorney Cost?
Our Summerville train accident attorneys work on a contingency basis, meaning you don’t owe us any upfront fees. We only get paid if you recover compensation for your injuries. This approach aligns your financial incentives with ours and lets us provide legal representation to whoever needs it.
Make sure you understand the fee structure for whoever you choose to represent you in a train accident case. We’re happy to answer any questions you have during your free initial consultation.
Contact a Summerville, SC, Train Accident Lawyer Now
No matter who is responsible for your train accident injuries, Murphy Crantford Meehan is ready to help you hold them accountable. Call us now or reach out online for a free case evaluation.