Contact an attorney.

• Over time, our memories of events can become distorted, and we have less opportunities to preserve evidence. Consequently, time is of the essence when it comes to gathering information for your claim However, depending on the severity of your injuries, it may not be possible to do this yourself immediately and at the scene of the accident.
• It is never too early to consider seeking legal advice from a railroad injury lawyer, and doing so can improve your chances of bringing a successful lawsuit. Because the period immediately following the accident can be a vulnerable time, advice from attorneys with significant experience in handling railroad collision cases during this stage can be crucial for your case.
  • Doyle Dennis Avery LLP and The Youngdahl Firm, P.C. have brought cases on behalf of injured railroad workers such as conductors, engineers, and other employees of railroads such as Union Pacific Railroad, BNSF Railway, Kansas City Southern Railway, and Texas City Terminal Railway.
  • Our team of attorneys have the experience and expertise to help you obtain incident reports, investigation records, and depositions while witness testimony and evidence are still fresh.

If you are able gather information following the accident, here are things you can do to build your case before contacting an attorney.

• Gather records.
  • Take photographs of the scene and any visible damage to yourself and any surrounding property. If possible, take photographs of the truck involved in the collision that identifies the company involved and/or the Department of Transportation number, which can be found on the door of the truck.
  • Identify the driver operating the semi-truck at the scene of the accident if possible. Although this information will be available in the crash report, having this information ready can expedite requesting a copy of the report. For example, in Texas, crash reports can take up to 14 days before they become available, and these reports are indexed by the name of a driver, the driver license number, and VIN number. Because responding officers do not always take down the names of railroad employees involved in a crossing collision, requesting a crash report for collisions involving a train can be difficult without the truck driver’s name. As a result, waiting to identify the other party responsible for the incident will delay the filing and progress of your lawsuit.
    • When a semi-truck is involved in a railroad collision, the trucking company as well as its driver may be held liable. This means you should also identify the trucking company that owns or operates the tractor-trailer involved by noting any names, logos, and phone numbers visible on the truck involved.
  • Try to get the name and phone number of anyone who may have witnessed the collision if you’re able to. Eyewitness testimony can go a long way in establishing the negligence of a railroad or trucking company.
• Seek treatment.
  • There are many good reasons to seek immediate treatment after a train crossing collision, with the most obvious being your health and wellbeing.
  • Receiving medical attention as soon as possible ensures there is evidence of the extent and severity of your injuries following the collision. Moreover, postponing medical care can potentially aggravate your injuries and lead to additional pain and suffering; and these damages may not be compensated unless you exercise due care and diligence in treating your injuries.
  • Seeking treatment allows you to see the healthcare providers of your choice. Although many railroads have a company nurse or physician, you should remember that their interests may not be aligned with yours. Similarly, many jurisdictions allow the defendant in a personal injury lawsuit to require an Independent Medical Examination (IME) of the plaintiff. Because the purpose of an IME is to provide the defendant with evidence to dispute the claims and damages alleged in your lawsuit, being examined by a doctor selected by the defendant carries a risk of bias.
• Report to the railroad.
  • Railroad employees injured in a crossing collision have the right to file a personal injury report with your employer immediately. While each railroad may vary in the form used to report personal injuries, all forms generally ask for information such as a description of your injuries, how the collision occurred, the party at fault, and any witnesses to the incident.
    • In reporting any unsafe conditions that contributed to the collision, try to be thorough, specific, and accurate in your descriptions.
  • Although you may feel pressured not to report your injuries to the railroad, reporting a work-related personal injury is a protected activity under the Federal Railroad Safety Act. Specifically, this means that it is unlawful for the railroad to discharge, demote, suspend, or in any other way discriminate against you for notifying it of your work-related injury.
• Know your rights.
  • Following a railroad accident, your employer and its representatives will often try to contact you for a statement or may try to offer you a settlement.
  • Before you sign anything, accept a check, or make a statement, call us to best protect yourself and your family.