Our lawyers have significant experience in these types of cases and often file lawsuits for passengers of trains who are injured due to the negligent driving of the train driver.
We also represent motorists and passengers in other vehicles who were injured due to the negligent driving of an Amtrak train driver.
Michigan Amtrak Train Accident Information
Amtrak is a nationally and internationally recognized passenger railroad service. During the course of a single day, the company operates more than 300 trains and over 21,300 miles of track. Some track sections allow trains to run as fast as 150 mph.
Amtrak serves more than 500 destinations in 46 states and three Canadian provinces. In 2016, Amtrak reportedly served 31.3 million passengers and generated roughly $2.192 billion in revenue, while employing more than 20,000 people.
Nearly 85,700 passengers ride more than 300 Amtrak trains on a daily basis, and nearly two-thirds of passengers come from the 10 largest metropolitan areas.
They may not occur often, train accidents on passenger railroad services do happen. As recent as December 2017, a passenger train on a newly opened Amtrak route jumped the tracks on an overpass south of Tacoma, slamming rail cars into a busy highway, killing at least three people and injuring about 100 others.
According to the National Transportation Safety Board, the train had been traveling more than twice the speed limit before it derailed, or at 80 miles per hour instead of the allowable 30 mph. The tracks where the accident occurred were brand new and the result of a recent infrastructure investment program.
Federal law requires railroads, by the end of 2018, to have positive train control, which automatically slows trains if they are exceeding speed limits or approaching dangerous conditions.
Filing A Michigan Amtrak Train Accident Lawsuit
The passenger railroad company is liable to any passenger in the train for injuries suffered from the negligent driving of the train driver or improper maintenance of the train. This means that a passenger injured due to the fault of the Amtrak driver or company can sue for compensation.
In addition to ordinary negligence, Amtrak may have additional liability because it is a common carrier. There is a special law that imposes additional liability on transportation vehicles, that transport passengers for pay or a fee. These laws apply to passenger trains and other motor vehicles.
A passenger injured on an Amtrak train can file a lawsuit against the company for injuries suffered in the accident. The lawsuit is typically filed in the county where the accident occurred. The lawsuit claims compensation for the injured passenger for the accident-related injuries.
Amtrak Passenger Train Common Injuries
Catastrophic injures are potential outcomes of train accidents due to the large size and weight of the vehicle. Some of the most common injuries include the following:
- Traumatic brain injury
- Spinal cord injury
- Broken bones and fractures
- Back and neck injuries
- Shoulder & knee injuries
- Scarring and disfigurement
Causes of Michigan Train Accidents
Our Amtrak train accident lawyers often file lawsuits for passengers of trains who are injured due to the negligent driving of the train conductor or a defect on the train itself.
Other cases are filed by individuals who were not on the train, but rather in other cars, on motorcycles or bicycles, or pedestrians and were injured due to the negligence of the train conductor.
Cases are typically filed against the negligent train driver and the company or city that owns the train. Injuries due in Michigan train accidents can happen due to the following:
- Collisions with passenger vehicles
- Train passenger injuries
- Unprotected crossings
- Inadequate warnings at railroad crossings
- Malfunctioning warnings at railroad crossings
- Failure to whistle or notify victims of an approaching train
- Overgrown foliage obscuring lines of sight
- Trains traveling at excessive speed
- Train derailments
- Chemical spills
What Should I Do After An Amtrak Train Accident?
Victims injured in an Amtrak train crash do have legal rights and should contact our experienced Michigan train accident lawyers immediately to discuss your legal rights.
It is important that you contact a lawyer right away, because the train company may try to be in contact with you and have you sign documents and waivers so that you cannot sue them for your resulting injuries. This could be a huge mistake and devastating to your case.
A train company insurance adjuster may also try to take a recorded statement from you. We highly recommend you do not sign any documents given to you by Amtrak or speak to an insurance adjuster or investigator until you speak to our law firm. This will help protect your legal rights.
Do I Get Michigan No-Fault Benefits if I'm An Injured Amtrak Train Passenger?
Any passenger of an Amtrak train or driver of another vehicle involved in an accident with an Amtrak train is entitled to Michigan No-Fault insurance benefits. This means that regardless of who was at fault in the accident, injured victims can recover insurance compensation for their medical bills, wage and income loss, and more.
You are entitled to these benefits even if you did not own a car or have your own auto insurance policy.
You can receive this insurance benefits by filing a written application. This form should be provided to you by your insurance agent, or the adjuster assigned to your claim. However, if you are confused, our attorneys can help you file your claim for No-Fault insurance benefits.
What is the Amount of An Amtrak Train Accident Settlement?
The amount of your settlement depends on a number of factors. These include:
- How the accident happened
- The types of injuries you suffered in the accident
- The medical treatment provided for your injuries
- If you have any visible scars or disfigurements from the accident
- The type of disability that you suffered from the accident
- Whether your injuries are permanent in nature
- How the accident has impacted your ability to lead your normal life
- If you suffered any lost wages or have a future loss of income
If there was a death in the train accident, the surviving family members can file a wrongful death lawsuit. These cases seek compensation for the pain and suffering of the victim from the time of accident until death, the loss of society and companionship of the family members, loss of income and support, and funeral and burial expenses.
Our attorneys will get the accident report and all of your medical records to evaluate your case and the settlement amount range for your case. We will discuss our evaluation with you and explain our thought process. We will then work hard to get you the best possible settlement for your case.
No Lawyer Fee Unless You Win Your Amtrak Train Accident Case
We will discuss your case with you and represent you under our No-Fee Promise. This means there are no legal fees whatsoever until we win or settle your case. Our attorneys have significant experience in these types of cases and a track record of obtaining sizeable settlements for our injured clients. Call today for your free, no obligation consultation.
Contact Our Michigan Amtrak Train Accident Lawyers
If you or someone you know was injured in an Amtrak train accident, call our top-rated train accident lawyers now at (800) 606-1717. We will listen to your case and start working on it immediately.