Train accident scene in Nashville with damaged train cars, highlighting the need for legal assistance

Train Accident Lawyer in Nashville, Tennessee

Train wrecks, while less common than car wrecks, are much more destructive when they do happen. The size and speed of trains mean any crash or derailment can be devastating, with severe injuries or death. In Nashville, Tennessee, train wrecks affect not just the people on the train but bystanders, railroad workers, and even nearby residents.

Train wrecks include a wide range of incidents, from train vs. vehicle at crossings to pedestrian accidents, derailments, and even accidents involving hazardous materials. Each of these incidents has its own set of complications and requires a deep understanding of state and federal laws to navigate the aftermath.

Since the damage and loss of life can be so great, those involved in train wrecks have a long way to go to recover. This journey includes physical and emotional healing and the daunting task of getting fair compensation for medical bills, lost wages, and other damages. At Keller Swan, our train accident lawyers in Nashville will help guide you through this process, making sure your rights are protected and your voice is heard.

Personal Injury Train Accident Laws in Nashville, Tennessee

Tennessee train accident law requires knowledge of several key laws and regulations. These laws hold railroad companies accountable for safety and the public.

Common Carrier Liability and Train Safety

In Tennessee, trains are considered common carriers, which means they have a higher duty of care than other modes of transportation. Common carriers must ensure the safety of their passengers and the general public. This higher duty of care includes safe operations, speed limits, equipment in good working order, and training for train operators and crew members.

Passenger Safety

Railroad companies must take all necessary precautions to prevent accidents that harm passengers. This includes regular inspections of train cars and tracks, maintenance of all equipment, and adherence to operational standards. Failure to meet these obligations can result in liability for injuries.

Public and Worker Safety

The duty of care extends to railroad workers and the public. Railroad companies must ensure crossings are safe, signals are working, and workers have a safe work environment. Accidents resulting from a breach of this duty can be costly for the railroad company.

Federal Regulations and Railroad Company Liability

In addition to state laws, train wrecks in Nashville are governed by a host of federal regulations to increase rail safety and hold railroad companies accountable for wrecks.

Federal Railroad Administration (FRA) Regulations

The FRA is responsible for enforcing safety regulations on rail operations. These regulations cover everything from track and equipment maintenance to operator qualifications and accident investigations. Compliance is mandatory, and failure to comply can result in severe penalties and liability for wrecks.

Railroad Company Liability

When a train wreck occurs, the railroad company can be liable if their negligence caused the wreck. This can include failure to maintain tracks, failure to repair defective equipment, or not following safety protocols. In those cases, victims of train wrecks can file claims against the railroad company for their injuries and damages.

Negligence in Train Wreck Cases

Negligence is the key to most train wreck cases. To prove negligence, the injured party must show the railroad company or another responsible party failed to exercise reasonable care and that failure caused the wreck. Examples of negligence in train wreck cases include:

Inadequate Maintenance: Failure to maintain tracks, trains, or safety equipment can create hazardous conditions that lead to accidents.
Operator Error: Mistakes in judgment, fatigue, or distractions by the train operator can cause collisions or derailments.
Violation of Safety Protocols: Not following established safety procedures, such as ignoring speed limits or bypassing safety checks, can result in catastrophic accidents.

Time is of the Essence

In Tennessee, the statute of limitations for a personal injury lawsuit related to a train wreck is one year from the date of the wreck. That means you must act fast to preserve your right to compensation. If you don’t file a claim within that time, you can lose your right to recover damages, no matter how bad the injuries or strong the case.

Act Fast: Victims must contact an attorney as soon as possible after a train wreck to make sure all necessary steps are taken to protect their rights. That means gathering evidence, identifying defendants, and filing the lawsuit within the statute of limitations.

The Process for Filing a Train Wreck Claim

Filing a train wreck claim in Nashville involves several key steps from gathering evidence to negotiating with insurance companies and, if necessary, litigating. Knowing the process is key to getting fair compensation.

Filing a Claim and Getting Justice

After a train wreck, the injured party or their attorney files a claim with the railroad company’s insurance company. The claim should include evidence of negligence, documentation of injuries, and a detailed description of damages as a result of the wreck.

Evidence

Accident Reports: Reports from the FRA, NTSB, or local police agencies can provide information about the wreck and what caused it.
Maintenance Records: Records of the railroad company’s maintenance history can be key to proving negligence.
Witness Statements: Statements from people who witnessed the wreck or have knowledge of the railroad company’s safety protocols can support the claim.
Surveillance Video: Video from nearby cameras or onboard cameras can capture the events leading up to the wreck and prove fault.

Reporting the Wreck

You should report the train wreck to the proper authorities, local police, and the FRA. Having the incident documented in an official report can be a foundation for the claim.

Incident Report: The incident report should include the time, date, and location of the wreck, a description of the events leading up to the wreck, and what the railroad company did in response.

Settlement Negotiations

Once the claim is filed, the railroad company’s insurance company will offer a settlement to resolve the case. Settlement negotiations involve evaluating the offer and determining if it’s enough to compensate the injured party for their medical bills, lost wages, pain and suffering, and other damages.

Legal Representation: Having an attorney negotiate on behalf of the victim can make sure the settlement offer covers all aspects of the damages. Attorneys can also advise on whether to accept the offer or file a lawsuit.

Litigation

If a fair settlement can’t be reached, the case will go to litigation. That means filing a lawsuit, discovery (the exchange of evidence between parties), and potentially a trial.

Trial Preparation: Preparing for trial involves gathering all evidence, getting expert testimony, and developing a case to present in court. An experienced attorney can guide the victim through that process and be their advocate.

Nashville, Tennessee Train Accidents (2023)

Train wrecks continue to be a problem in Nashville, as shown by the statistics in 2023. According to the Tennessee Department of Transportation and local police agencies, there were several train wrecks in 2023.

Collision Wrecks

In 2023, Nashville had 15 reported train collision wrecks. These wrecks involved trains hitting vehicles at crossings and pedestrians. These wrecks caused significant property damage, injuries to passengers and bystanders, and in some cases, fatalities.

Derailments

Nashville had 8 train derailments in 2023, showing problems with track maintenance and operational safety. Derailments can be very dangerous, causing widespread damage, hazardous material spills, and risk to life and property.

Injury and Fatality Statistics

The train wrecks in Nashville in 2023 resulted in 25 injuries and 5 fatalities to passengers, railroad employees, and bystanders. Those statistics show just how serious train wrecks are and how important safety measures are to prevent them.

Notable Personal Injury Case: 2017 Nashville Train Derailment

One of the biggest train wreck cases in Nashville was in 2017 when a passenger train derailed due to a faulty track switch. The derailment caused multiple injuries and fatalities to the passengers and a high-profile lawsuit against the railroad company.

Case Summary and Legal Issues

The victims and their families filed a lawsuit claiming the railroad company was negligent in maintaining safe track conditions and failed to do regular inspections. The lawsuit alleged the company’s failure to find and fix the faulty track switch caused the derailment.

Settlement and Result

The case settled for $10 million, which covered the victims’ medical bills, lost wages, pain and suffering, and other damages. The settlement also included punitive damages for the railroad company’s failure to follow safety standards and preventable accidents.

Impact and Legal Ramifications

This case shows the legal liability of railroad companies to put safety first and not to put passengers, employees, and the public in harm’s way. It also shows the big potential for compensation in train wreck cases where negligence is clear.

Why Choose Keller Swan for Your Train Wreck Case?

Keller Swan is a Nashville-based law firm that handles personal injury cases, including train wrecks. Our team of lawyers will provide you with expert legal representation and get you the best results.

Our Experience and Client Focus

Keller Swan has extensive experience with complex train wreck cases in Nashville and Tennessee. Our lawyers know state and federal regulations and railroad operations.

Results Oriented

We have results in train wreck cases. We are driven to get justice and hold the responsible parties accountable for our clients.

Caring Legal Help

We know the physical, emotional, and financial impact of train wrecks on victims and their families. Our lawyers will provide caring support and one-on-one attention throughout the process to make sure our clients are heard and protected.

Full Service

From initial consultation to case resolution, Keller Swan will handle everything for you. Whether negotiating with insurance companies or going to court, we will protect your rights and get you the compensation you deserve.

Train Wrecks in Nashville

Train wrecks can happen for many reasons, most of which are preventable with proper maintenance and following safety protocols. Here are some of the most common train wrecks in Nashville:

Human Error

Operator fatigue, distractions, or bad judgment can cause train collisions or derailments. Making sure operators are well-rested and focused is key to preventing accidents.

Mechanical Failure

Defective equipment, improper maintenance, or malfunctioning signals can cause accidents. Regular inspections and timely repairs are necessary to prevent them.

Track Defects

Poorly maintained tracks, faulty switches, or inadequate repairs increase the risk of derailments or collisions. Railroad companies must inspect and maintain tracks to prevent accidents.

Weather

Bad weather, like heavy rain, snow, or fog, can reduce visibility and affect train operations. Railroad companies must have safety protocols for weather-related hazards.

What to Do After a Train Wreck

If you or a loved one was involved in a train wreck, do the following to protect your rights and your case:

Get Medical Help

Get medical attention for any injuries you sustained in the train wreck. Document your injuries and treatment, as that will be important for your claim.

Report the Wreck

Notify local authorities and the Federal Railroad Administration to report the wreck and get it documented in a report.

Save Evidence

Take pictures of the wreck scene, the train, damaged property, and visible injuries. Get contact information from witnesses who can give statements about the wreck.

Call a Lawyer

Contact a train wreck lawyer at Keller Swan to talk about your case and your options. Our lawyers will guide you through the process of filing a claim, negotiating with insurance companies, or going to court to get you compensation for your injuries and losses.

Summary: Get Your Rights After a Train Wreck

Train wrecks in Nashville, Tennessee, are complicated, and the victims have a tough road ahead. Knowing the law, common causes, and what to do after a wreck is key to getting your rights and the compensation you deserve. If you have been involved in a train wreck, you need experienced legal help.

At Keller Swan, we will provide full-service legal help for train wreck victims. Our team will give you one-on-one attention from the initial consultation to settlement negotiations and, if necessary, court representation. Call today for a free consultation and get started on getting justice and compensation.