Train Accidents in Claremore are a risk that our residents face every day. This is because trains run through the middle of our Town and have done so for years. Moreover, throughout Rogers County, trains and train crossings are everywhere and cause risk to us all. Trains have massive volume, speed, and momentum, and any collision with a train is likely to result in a fatality or catastrophic injuries to the victims. Negligence of the railroad company, train operator, and other railroad employees is usually the cause behind these personal injury accidents in Oklahoma.

Who is Liable for Your Railroad Accident Injury?

When a railroad company or its workers are negligent in maintaining safety of the tracks, make mistakes with rail crossing signals, or drive the trains at excessive speed, devastating train accidents may occur. A train requires more distance and time to come to a halt. Even a seemingly minor obstruction or defect could cause a major crash.

Sometimes train manufacturers share the liability if a design or manufacturing defect with the rails or the train contributes to the accident. To identify the liable parties and collect evidence to show negligence in the accident its important to understand all potential claims and who to bring them against.

Train Accidents Injury Claims

A railroad accident injury claim is not very different from a motor vehicle accident or wrongful death claim. However, some key distinctions are that the severity of injuries, the risk of fatalities and the extent of pain and suffering of the victims is far more serious. Also, the rules that govern train safety are set nationally as well as locally. And, violations of the special rules is evidence of their negligence.

Clearly, the stakes are much higher in a railroad personal injury lawsuit. In this kind of claim you can potentially obtain large compensation if your attorney is able to establish the liability of all responsible parties. This may include compensation for pain and suffering, current and future medical costs and rehabilitation, and long-term disability and loss of income.

The Negotiations and Trial Process

Train accident claims begin with you getting all the medical treatment you need. This part of the claim is between you and your treating doctor.

While you are treating our injury attorneys will survey the accident scene and interview witnesses. We will also collect all the Police reports and other accident information from the Railroad company and other potential targets of the claim. This includes black-box data from the recorders and cameras located on the train itself.

Once you finish treating with your Doctor, we gather all the medical records. After the records are evaluated and set up ready to be used at trial we contact the insurance company again. At this stage we draft a demand letter that contains the amount of money you require to settle your case. This amount includes all the medical costs associated with your injuries. The demand also includes compensation for your pain and suffering as well as lost wages. In the event that you suffer permanent impairment the money needed to settle the claim must include that as well.

The railroad and its army of insurance defense lawyers will always try to pay you as little as possible. These powerful insurance company defendants will do everything within their reach to minimize your damages, put up any possible defenses and find weaknesses in your injury claim. At times the insurance company will even negotiate settlements in bad faith. Your train accident attorney should be local and able to use local resources to battle them.

Depending on the kind of evidence and legal arguments your personal injury lawyer is able to present, the defendants might agree to a reasonable settlement with you before the trial begins. Settlement negotiations in a major railroad personal injury case may also occur after the judgment has been rendered. Either you or the other party may seek to settle at that time in exchange for the right to appeal the decision of the court.

Injuries Suffered by a Railroad Worker

Railroad workers injured in an Oklahoma train accident are usually covered under the Federal Employers Liability Act or FELA. In these cases, the burden of proof of the injured party is very light, which makes the recovery of damages relatively easier. The claim is similar to a workers compensation claim in the State. The difference is that its a claim against a Federal agency.

Rogers County Train Accidents Attorney

Did you or someone you love suffer personal injury in a train accident due to another party’s negligence? You should consult with the personal injury lawyers at Kania Law Claremore Attorneys Law Office. We have specialized knowledge and understanding of the laws and negotiations involved in these high stakes cases. Schedule a free, no-obligations case evaluation with us by calling at or use this online contact form.