According to the Federal Railroad Administration, 437 people have already died as the result of train accidents this year, and more than 4,000 have sustained injuries. The injuries resulting from railroad accidents can be debilitating, but victims do not always have a clear idea of whom they can hold accountable for the damages they incurred.
If you were hurt in a train accident and you want to sue the liable party for your mounting damages, contact The Law Office of Brian K. Branch. Since our founding in 1997, we have been providing compassionate yet aggressive representation to people throughout New Mexico who have suffered injuries at the hands of reckless or negligent parties. Call 505-207-4401 to schedule a free case evaluation with a train accident attorney in Albuquerque.
Who Can I Sue Following a Railroad Accident?
If you were hurt in a train accident, the party who is liable for your injuries will depend on the circumstances of the incident and the underlying cause. Some of the most common causes of train accidents include:
- Negligent engineers;
- Faulty equipment;
- Mechanical malfunctions;
- Poorly maintained tracks;
- Reckless motorists;
- Collapsed bridges; and
- Improperly marked train crossings.
Potentially liable parties for the causes listed above include train engineers, parts manufacturers, maintenance providers, transportation companies, municipalities, and negligent motorists. In many cases, multiple parties share the liability. If you think more than one party was responsible for the accident you were involved in, a seasoned attorney will ensure you hold all of them accountable so you can secure the largest settlement possible.
What Kinds of Damages Can I Recover Following a Train Accident?
If you were hurt in a train accident that was not your fault, you may be able to recover compensation for the costs associated with treating the injuries you incurred, as well as for rehabilitation costs, future medical bills, lost wages, loss of earning capacity, pain and suffering, and emotional distress. Additionally, if you are married, your spouse may be able to file a claim for loss of services and companionship.
If the liable party’s conduct was willful, malicious, reckless, oppressive, fraudulent, or grossly negligent, you may also be able to recover punitive damages. Unlike compensatory damages, punitive damages do not cover the costs that stem from damages; rather, they aim to punish the defendant for egregious behavior.
In New Mexico, there are no caps on compensatory or punitive damages awarded in personal injury cases involving motor vehicle collisions or train accidents; however, you still need to gather evidence of the damages you incurred in order to secure a fair settlement amount. You also need to be able to prove that the amount you are seeking is reasonable. Otherwise, the case may go to trial, and you could potentially walk away with nothing.
If you were hurt in a train accident in New Mexico and you want to hold the liable party accountable, contact The Law Office of Brian K. Branch. Call 505-207-4401 to schedule a free consultation with a train accident lawyer in Albuquerque. You can learn more about personal injury claims in New Mexico by visiting the USAttorneys website.