Train wrecks occur much more regularly than people are led to believe. Throughout Wisconsin, inadequate train safety precautions can create preventable risks. Many state violations are outright unlawful, causing personal injury. A message must be sent which clearly states that men, women, and children will not put up with the injustice of bodily harm. For those already injured by faulty railroad equipment and industry negligence, you might be entitled to a monetary sum for damages inflicted upon you and your family. The accident victim attorneys at Warshafsky will fight for your due compensation. Do not trust the insurance company’s initial settlement amount offered to be fair.Â
Train accidents are surprisingly common. All across Wisconsin, railroads are wrought with inadequate warning devices. Trains have incredibly slow stop times. Derailments are more frequent than you might think. With the sheer mass of a train, even a glancing impact from a train is devastating similar to the forces involved in a truck accident. Inadequately marked intersections, impaired train operators and negligent operation of railroad equipment causes many catastrophic damages annually.
If you or someone you care about is the victim of damage, injury, or death as a result of a train crash, call Warshafsky Law Firm. Our Wisconsin personal injury attorneys will lead a thorough investigation to find the liable parties. Do not be overwhelmed by all the paperwork and phone calls associated with powerful adversaries like insurance companies and large railroad industry corporations. Our Milwaukee train accident lawyers will prepare your case for trial, thereby guarantying the largest judgment and settlement offers from railroad companies. Operators, railroad companies and their insurers often have a legal duty to repay extensive damages for train wrecks. In cases involving fatalities caused by negligence, our wrongful death attorneys will fight for the highest possible compensation.
Where other Milwaukee personal injury lawyers are often too quick to settle, our insurance claims lawyers and workers’ comp lawyers will always pursue maximum recovery for our clients. Without charging a penny until recovery for train wreck-related injury is made, we prepare for full-scale litigation while exploring out-of-court negotiations. At our Milwaukee law office, we stand alone in our total commitment to our client’s bottom line.
Responsibility for a train accident depends on the specific facts of each case. Potentially liable parties can include the railroad company, the owners of the track, a municipality responsible for maintaining a crossing, or even the manufacturer of a defective train component. In many cases, the railroad company itself is liable, particularly when inadequate warning devices, impaired operators, or negligent maintenance contributed to the crash. Our attorneys investigate every angle to identify all responsible parties and pursue each one on your behalf.
Your first priority is to seek medical attention, even if you feel your injuries are minor. Medical records created immediately after the accident are important to documenting the extent of your harm. If you are physically able, photograph the accident scene, your injuries, and any visible property damage. Collect the names and contact information of any witnesses. Keep all records, including train tickets, receipts, and any correspondence with the railroad or its insurer. Be cautious about speaking with railroad representatives or insurance adjusters before consulting an attorney, because statements made early in the process can be used against you later. Contact Warshafsky Law Firm as soon as possible. Evidence at train accident scenes can disappear quickly once railroad companies begin cleanup operations, and time is critical to protecting your claim.
Yes, in most respects. Railroad accident litigation is more complex than a standard motor vehicle case because it involves a combination of federal and state law. The Federal Railroad Administration sets safety standards covering everything from track maintenance to crew work hours, and violations of those regulations can serve as evidence of negligence. Where rail lines and roads intersect, federal and state authority can overlap, adding further complexity. Railroad companies also employ experienced legal teams and move quickly to protect their interests after an accident. Having attorneys who understand both the regulatory framework and the litigation tactics used by large railroad corporations is essential to a strong outcome.
Yes. If a railroad company's negligence caused your injuries, you have the right to pursue a claim against that company. Wisconsin law gives injured parties three years from the date of the accident to file a claim. Railroad workers injured on the job pursue claims under a separate federal law known as the Federal Employers Liability Act (FELA), which requires showing that the railroad's negligence contributed to the injury. Passengers, motorists, and pedestrians injured in train accidents generally pursue claims through state court under standard personal injury negligence principles. Warshafsky Law Firm handles both types of claims and will identify the proper legal avenue for your situation.
The value of a train accident case depends on the nature and severity of your injuries, the degree of the railroad's negligence, and the economic and non-economic losses you have suffered. Compensation can include medical expenses, lost income, pain and suffering, and, in cases of extreme misconduct, punitive damages. In wrongful death cases, surviving family members may also seek compensation for loss of financial support, funeral expenses, and loss of companionship. Warshafsky Law Firm has secured multi-million dollar results in train accident cases, including a $3.1 million settlement for a client left paralyzed after a collision at a negligently maintained railroad crossing in Fond du Lac County. Every case is different, and the only way to understand what your claim may be worth is to speak with an attorney who will evaluate the full scope of your damages.
Train accident cases rely on a wide range of evidence. Key sources include photographs and video of the accident scene, witness statements, police and accident reports, railroad maintenance logs, crew work records, and data retrieved from the train's onboard event recorder (sometimes called the black box). Crossing signal records, vegetation and sight-line conditions, and prior accident history at the same location can also be highly relevant. Expert witnesses, including accident reconstruction specialists and railroad safety engineers, are frequently used to analyze the evidence and establish a clear link between the railroad's negligence and the injuries suffered. Because evidence at the scene can be lost or altered quickly once cleanup begins, contacting an attorney immediately after a train accident is critical to preserving your case.
