Train Accident With Trucks

Big rig trucks tend to be the largest vehicles on the road. Trains are even larger. Because of their size and weight, trucks and trains can cause horrific injuries when they are involved in accidents. Victims of truck or train accidents can suffer injuries to the head, neck, and spine that may require lengthy rehab and ongoing care. These accidents can also lead to the loss of one or more limbs, disfigurement, paralysis, or death. When a single accident involves both a truck and a train, the injuries are often severe, and the legal issues are complex.

If you or a loved one has suffered injuries because of an accident involving a truck and a train, asserting your rights under Indiana law might seem too overwhelming. You do not have to go through this alone, though. Insurance companies will try to get you to settle for a small amount so your claim will go away quietly. They will try to get you to give up any further legal claims, possibly before you even know the full extent of your rights.

The truck and train accident attorneys at Stephenson Rife are here to help you. We can take this burden off your shoulders so that you can focus on your recovery or caring for a loved one. Our accident injury lawyers have extensive experience dealing with insurance companies for trucking and rail companies. We know the complicated web of state and federal laws that govern these industries and may affect your claim for injuries.

How an Indiana Train Accident Lawyer Can Help You

Accidents involving both trucks and trains present complicated legal questions. Indiana law generally applies to injury claims, but the rail and trucking industries are subject to laws and regulations at the federal level. The Federal Railroad Administration (FRA) oversees passenger and freight trains that travel between states. The Federal Motor Carrier Safety Administration (FMCSA) regulates long-haul truckers in interstate commerce.

When you meet with our train and truck accident attorneys, we can:

• Assess whether you have a lawsuit and, if so, evaluate how much it could be worth
• Investigate how the accident occurred and who might be legally responsible, including truck drivers, trucking companies, train conductors, rail companies, or other businesses
• Collect evidence about the accident and your injuries, along with evidence that points to the liable party or parties
• Retain experts to recreate the truck and train accident scene, prepare reports about the accident and how it caused your injuries, and testify in court if necessary
• Identify the insurance companies for all of the potentially liable parties
• Negotiate a settlement with the insurance companies
• Should negotiation not lead to a settlement, prepare your case for litigation and trial.

Determining Who Is Liable for Your Injuries

Accidents involving trucks and trains often involve multiple parties that could be partially or entirely liable for causing your injuries. An accident injury attorney must carefully review the evidence to determine who could be liable under state and federal law:

• The trucking company
• The rail company
• The truck driver, if they are an independent contractor not employed by the trucking company
• The owner of the cargo on the truck, train, or both
• The truck or train manufacturer
• The manufacturer of a faulty component on the truck or train
• The company or government entity responsible for maintaining the road or the tracks
• The mechanic who made faulty repairs to either vehicle.

Proving Negligence in Truck and Train Accidents

The legal theory of negligence is central to any injury claim involving an accident between a truck and a train. As accident injury attorneys, we must be able to prove in court that one or more parties meet a four-part legal test for negligence:

Duty of Care

A defendant, such as a trucking company or truck driver, must owe you or the general public a duty of care. For example, anyone operating a motor vehicle on a public road owes a duty of care to everyone else on the road to drive safely.

Breach of Duty

The defendant breached their duty of care by either an act or omission. A breach might involve a truck driver who continues to drive despite knowing that they are too fatigued to drive safely or a conductor who allows himself to be distracted by a cell phone or other device.

Cause of the Accident

The defendant’s breach must have caused the accident. For example, a truck collided with a train because the fatigued driver nodded off and did not see the crossing signals.

Actual Damage

You suffered actual measurable damage because of the accident. Injuries requiring medical care and resulting in lost income due to missed work count as damages for this purpose.

Recovering Damages in Truck and Train Accident Claims

We can recover damages for you in at least three ways:

• Settling with one or more insurance companies before filing a lawsuit
• Settling with opposing counsel after filing a lawsuit
• Prevailing at trial and receiving a judgment from a judge or jury.

Damages that you may be able to recover include both economic and non-economic damages. Economic damages are based on specific losses, such as:

• Medical expenses incurred because of the accident
• Costs of rehabilitation and other care
• Damage to property
• Lost wages
• Likely future medical costs and lost wages.

Non-economic damages are less precise. They represent losses you have suffered that can only have an approximate monetary value, such as:

• Pain and suffering
• Emotional distress and mental anguish
• Scarring or disfigurement
• Loss of enjoyment of life
• Loss of consortium is a claim that the spouse of an injured person may make for the loss of their spouse’s care, support, affection, and intimacy.

The amount you can recover in damages will depend on factors like the actual cost of your medical care, the extent and severity of your injuries, the likelihood of permanent impairment or total disability, and your age and future earning potential.

Train Accidents With Trucks Frequently Asked Questions

What steps should I take if I’m involved in a train accident with a truck in Indianapolis?

First, ensure everyone is safe and seek medical attention if needed. Notify law enforcement and document the scene if possible. Exchange information with involved parties and witnesses. Contact your insurance company and consider consulting an attorney.

What are the common causes of train accidents with trucks in Indianapolis?

Common causes may include driver negligence, mechanical failures, obstructed view at railway crossings, failure to comply with traffic signals, and poor maintenance of railway crossings.

Can I negotiate a settlement with the insurance company without going to court?

Yes, you can negotiate a settlement with the insurance company, but having an attorney represent your interests during these negotiations is advisable to ensure you receive fair compensation.

Contact Our Indiana Truck and Train Accident Attorneys Today

The truck and train accident attorneys at Stephenson Rife are experienced in assessing injury claims and creating strategies for obtaining settlements. We need to begin working for you as soon as possible to ensure that witnesses and evidence remain available. Indiana law requires you to bring a lawsuit for personal injuries or wrongful death no later than two years after the date of the accident.

Contact us at (317) 680-2350 to schedule a free, no-obligation consultation. Our contingency fee structure means you do not owe us a fee unless we recover money for you.

Attorney Brady Rife

Attorney Brady Rife has developed a diverse civil litigation practice for plaintiffs throughout Indiana. Brady is heavily involved in serious personal injury matters, complex business and commercial disputes, and insurance litigation in state and federal courts. Some of the firm’s most successful cases include winning a $48 million settlement against a large corporation in a fatal vehicle crash in New Mexico and a $14 million dollar settlement against a national trucking company in Illinois. The firm handles cases across the United States. [ Attorney Bio ]