Train Accidents Lawyer in Phoenix, Arizona
Train accidents are less frequent than car or truck accidents but are some of the most serious transportation accidents and can have devastating consequences for victims and their families. In Phoenix, Arizona where the train tracks run through urban and rural areas train accidents can involve passengers, pedestrians, vehicles and railway workers. The legal aftermath of these accidents can be very complicated involving multiple parties, complex regulations and long term consequences for the victims.
At Keller Swan our train accident lawyers are dedicated to helping victims of these tragedies get justice. We provide expert legal representation to make sure our clients get the compensation they deserve for their injuries, lost wages, medical bills and emotional trauma.
Train Accidents
Train accidents are different from other types of transportation accidents due to the size and weight of the train. When accidents occur they can cause serious injuries, property damage and sometimes fatalities. Since these cases are complex it’s important to understand the most common causes of train accidents and how they can lead to legal action.
Types of Train Accidents
- Collisions at Railroad Crossings Train accidents often involve collisions at railroad crossings where a vehicle or pedestrian may be hit by a passing train. These can happen due to lack of signals, miscommunication between the train operator and signaler or failure to clear the crossing area.
- Derailments Derailments occur when a train leaves the tracks often due to mechanical failure, track defects or excessive speed. Derailments are particularly dangerous because they can cause widespread damage, multiple injuries and even fatalities.
- Pedestrian Accidents Pedestrians can be hit by trains if they are walking on or near the tracks. In some cases these accidents are due to poorly maintained crossings, insufficient warning systems or obstructions that prevent pedestrians from being aware of an oncoming train.
- Train-Vehicle Collisions Vehicles can be hit by trains at unmarked or improperly marked railroad crossings. These accidents can cause serious injuries or fatalities for the vehicle occupants due to the size and speed of the train.
- Workplace Accidents Railway workers are also at risk of being injured in train accidents. Workplace accidents can include injuries caused by faulty equipment, unsafe working conditions or negligence of the railway company.
Personal Injury Laws for Train Accidents in Phoenix, Arizona
Train accident claims are governed by a combination of federal and state laws and multiple parties can be liable. Victims of train accidents in Phoenix need to understand their rights under Arizona law and how to get compensation.
1. Federal and State Regulations
Train operations are heavily regulated at the federal level by agencies such as the Federal Railroad Administration (FRA) and the National Transportation Safety Board (NTSB). These agencies enforce strict rules on train safety, track maintenance and operational protocols. State laws also regulate railroad crossings, safety standards and accident reporting.
When filing a personal injury claim after a train accident, victims can use federal or state regulations as evidence of negligence. For example if a train operator violated an FRA rule on speed limits or signal use this can be used to establish liability in a personal injury case.
2. Comparative Negligence
Arizona is a comparative negligence state, meaning if the injured party is found to be partially responsible for the accident their damages will be reduced by their percentage of fault. But as long as the victim is less than 50% at fault they can still recover.
In a train accident context comparative negligence could apply if for example a pedestrian was trespassing on the tracks or a driver failed to obey railroad crossing warnings. But railroad companies, train operators and other responsible parties can still be held liable if their negligence was a substantial cause of the accident.
3. Damages
Victims of train accidents in Phoenix can recover:
- Medical Expenses: All past, present and future medical bills related to the train accident. This includes hospital stays, surgeries, rehab and ongoing medical care.
- Lost Wages: Income lost due to the victim’s inability to work during recovery. This also includes future lost wages if the victim is permanently unable to return to their job.
- Pain and Suffering: Victims can recover for physical pain and emotional distress caused by the accident. This includes the impact on their quality of life and any psychological trauma they may experience.
- Property Damage: If the train accident damaged a vehicle or personal property victims can recover for those losses.
- Punitive Damages: In cases of gross negligence or reckless misconduct such as a train operator being under the influence of drugs or alcohol victims may be entitled to punitive damages. These are meant to punish the negligent party and deter similar behavior in the future.
4. Deadline
In Arizona the deadline to file a personal injury claim from a train accident is two years from the date of the accident. But claims against government entities (such as public transportation trains) may have shorter deadlines sometimes as short as six months. Contact a train accident lawyer as soon as possible to make sure your claim is filed on time.
Train Accidents in Phoenix, Arizona (2023)
In 2023 train accidents in Phoenix remained a big problem and we need better safety measures and improvements to the rail infrastructure. Here are the statistics:
Total Accidents
According to ADOT and local police reports there were approximately 20 train accidents in Phoenix in 2023. These accidents ranged from minor derailments and vehicle collisions at crossings to more serious accidents with multiple injuries.
Injuries and Deaths
Of the 20 accidents 15 resulted in injuries. These injuries included broken bones, head injuries and spinal cord injuries. Several victims required extensive medical treatment including surgeries and long term rehab. Fortunately there were no fatalities in Phoenix from train accidents in 2023 but several resulted in life altering injuries.
Causes
The most common causes of train accidents in Phoenix were:
- Human Error: Miscommunications between train operators, signalers or failure to follow safety protocols were major causes of train accidents in 2023.
- Mechanical Failures: Brake failures, faulty control systems and worn out train parts caused several derailments and collisions.
- Track Defects: Poorly maintained tracks were a big factor in several accidents especially in rural areas where track maintenance was less frequent.
- Obstructions at Railroad Crossings: Several accidents occurred when vehicles or objects were on the tracks and trains collided with them.
Recent Personal Injury Case
One of the most notable train accident cases in Phoenix in the last 10 years was a collision between a freight train and a passenger vehicle at a poorly marked railroad crossing. The accident resulted in severe injuries to the vehicle occupants including multiple fractures, head trauma and spinal injuries.
Case:
The plaintiffs who were in the passenger vehicle filed a negligence lawsuit against the railroad company claiming the company failed to maintain the crossing and did not have adequate safety measures in place. The crossing had minimal warning signals and the plaintiffs argued that the lack of proper signage, gates and warning lights made it difficult for drivers to know when a train was approaching.
Result:
After a long fight the case settled for $6.2 million. The plaintiffs received compensation for their medical bills, lost wages, pain and suffering and future care needs. The case brought attention to railroad safety standards and the importance of marking and maintaining railroad crossings.
This case sets a precedent for holding railroad companies responsible for their safety failures so they will take the necessary steps to protect drivers, pedestrians and passengers.
Why Choose Keller Swan for Your Train Accident?
Experienced Lawyers
At Keller Swan our lawyers have years of experience handling train accident cases. We are familiar with the federal and state regulations that govern the railroad industry and we use that knowledge to build a strong case for our clients. We want to get the maximum compensation possible so our clients get justice for their injuries and losses.
Client Focused
We know train accidents can be life changing and overwhelming for victims and their families. That’s why we are client focused. We offer compassionate and dedicated service throughout the process. We take the time to listen to your concerns, investigate your case and develop a personalized strategy to get the best possible result.
Results
We have a history of getting big settlements and verdicts in train accident cases. Whether through settlement or trial Keller Swan will get the results our clients expect and need to get their lives back on track after a serious accident.
Train Accident Causes
1. Human Error
Train operators, signalers and other personnel mistakes cause collisions and derailments. Fatigue, distractions or failure to follow procedures can contribute to accidents.
2. Mechanical Failure
Train equipment malfunctions—brake failures, wheel defects, control system issues—can cause accidents.
3. Track Defects
Poorly maintained or damaged tracks are another common cause of derailments and collisions especially in areas where track maintenance is inconsistent.
4. Signal Failure
Malfunctioning signals or communication breakdowns between operators and dispatchers can create hazardous situations, trains colliding or not stopping when they should.
5. Obstructions
Objects or vehicles on the tracks can cause accidents especially at unmarked or poorly marked railroad crossings.
What to Do After a Train Accident
1. Get Medical Help
Get medical attention immediately after a train accident even if injuries seem minor. Some injuries like internal damage or head trauma may not show up right away but can have serious consequences if left untreated.
2. Document the Scene
If you can, take pictures of the accident scene, any visible injuries, damage to property and the tracks or crossing. Get witness statements and any surveillance footage if available.
3. File a Report
Notify the proper authorities and file a report with the railroad if applicable. Get a copy of the accident report for your records.
4. Call an Attorney
Train accident cases are legally complicated with multiple parties and federal regulations. Call Keller Swan to make sure your rights are protected and to discuss your options.
If you or a loved one has been in a train accident in Phoenix, Arizona call us now. The train accident lawyers at Keller Swan will help you through the train accident process and get you the money you need to recover.
