Indiana train accidents are one of the most catastrophic types of accidents, typically resulting in serious bodily injury and property damage. After these accidents, injury victims and their families face the daunting challenge of recovering damages from the liable party. These cases pose challenges because there are typically many victims and several potentially responsible parties. These accidents frequently cause chain-reaction collisions, fatalities, injuries to passengers on board, and even passerby pedestrians.
Other than the number of injury victims and potentially liable parties, train accidents are similar to other personal injury and wrongful death lawsuits. A lawsuit begins after an injury victim files a lawsuit with the court that holds jurisdiction over the accident. The defendant or their insurance company typically files a response, which includes any defenses they want to claim. The parties will then engage in pretrial motions, which include determining facts and other preliminary issues. If the case proceeds to trial, the judge or jury will determine liability and damages. Train passenger plaintiffs must understand that specific liability caps may limit their damages, and they should discuss their trial strategy with an Indiana train accident attorney.
Recently, a local Indiana news source reported on a fatal southern Indiana train crash. According to police reports, the collision occurred around 5 p.m. on a Saturday at a train intersection. Accident reconstructionists are still working on determining the exact circumstances surrounding the accident. However, reports indicate that the intersection only has two stop signs but no crossing arms. It is unclear how much time the train had to stop, but typically, trains of the size involved in the accident take a mile to come to a complete stop. Additionally, state police have not reported whether drugs or alcohol were involved, but they will likely request a toxicology report. According to the report, a high-school student who was a passenger in the car died at the scene of the accident. Another passenger in the vehicle was hospitalized with life-threatening injuries.
A significant number of train accident lawsuits are settled before litigation because train companies want to avoid harmful exposure. Settlement negotiations have their advantages and disadvantages depending on the victim and the nature of the accident. For example, settlements can be a cost-effective and timely way to resolve a claim; however, they can also limit the amount a plaintiff recovers. Personal injury attorneys are an indispensable resource during settlement discussions because insurance companies have teams of lawyers defending their interests.
Have You Been Involved in an Accident with a Train in Indiana?
If you or someone you know suffered injuries in an Indiana train accident or other collision, you may be entitled to monetary compensation for your damages. For over three decades, Attorney Burton Padove has successfully represented Indiana injury victims in their claims. Attorney Padove has the unique ability to provide clients with compassionate understanding while fiercely advocating on their behalf. He takes a personalized approach when dealing with each case and is committed to ensuring that his clients’ recover the compensation they need and deserve. Contact his office at 219-836-2200 to schedule a consultation to discuss your legal matter.