South Bend
Train Accident Lawyer
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DELVENTHAL LAW

Helping Those Injured in Train Accidents Seek Compensation

Trains are a vital part of the transportation system in South Bend. Thousands of people take Amtrak or the South Shore Line each day. Any accident involving a train can injure passengers, train employees, and motorists on the road. These are violent accidents which leave people seriously injured.

Delventhal Law Office can help train accident victims determine whether to seek compensation. Our firm is familiar with all state and federal laws related to trains, and we can provide vital advice about your legal rights. Contact us for a free consultation. Once hired, we can gather evidence to uncover what caused the accident and negotiate a settlement for your case.

Train Injuries Are Significant

Trains are so heavy and travel at such high speeds that any collision is usually devastating. Passengers on a train can suffer concussions, fractures, and whiplash when their train derails or strikes a vehicle.

Motorists will likely suffer even more serious injuries. Amputations and spinal cord injuries will lead to lifelong impairments. Survivors often need ongoing medical care, and many are unable to work for years after a wreck.

It is not unusual for these to be fatal accidents. If you lose a loved one in a crash, then call our office. We can review whether to seek compensation in a wrongful death case.

Compensation for a Train Accident Injury

The compensation will depend on who is hurt, as well as other factors.

Railway workers are often hurt in accidents. The Federal Employer’s Liability Act grants railroad workers the right to seek compensation from their employer. This federal law is very complex, so it is vital to seek advice from an attorney.

Injured passengers or motorists can usually bring a personal injury claim if they are not at fault for the crash. This is why a thorough investigation is so necessary. Once we identify who has fault, we can submit a claim on the defendant’s insurance.

What Causes Most Train Accidents?

Accidents should be rare, but the National Safety Council reports that the U.S. experienced 954 railroad fatalities in 2024 and 6,542 non-fatal injuries. Any accident deserves a thorough investigation. In fact, the Federal Railroad Administration will likely send investigators to the scene to begin gathering evidence.

The focus of an investigation should be to uncover why the accident happened. Some common reasons include:

• Train conductor error. The conductor can fail to obey signals or speed limits. Improper braking can also contribute to derailments or other accidents. Train conductors commit mistakes for various reasons, including insufficient training, fatigue, intoxication, or distraction. The train company is usually vicariously liable for their employee’s negligence.
• Track defects. Broken rails can lead to derailments. Some rails are misaligned or become misaligned with the passage of time. Track defects can lead to accidents even when the conductor has used the utmost care. The entity responsible for the track is usually liable for these accidents.
• Equipment malfunctions. The train could also be defective. Problems with wheels, axles, brakes, and signal systems can lead to accidents. The manufacturer or the train company could be responsible for these accidents which stem from malfunctioning equipment.
• Crossing signal problems. Motorists rely on crossing signals to notify them that a train is approaching. Sometimes malfunctioning signals are the reason a vehicle is on the tracks with a train approaching.

Once we identify how the accident happened, we can narrow down the defendant in a case. Our firm is ready to help any train passenger or a motorist who is hurt in a crash which is not their fault.

Average Train Accident Settlement in South Bend

A fair settlement should provide compensation for the economic and non-economic damages suffered in an accident. Our clients can usually seek damages for:

• Emergency care, including ambulance transportation;
• Surgery and time in the Intensive Care Unit;
• Doctor’s visits and diagnostic tests;
• Pain medication and prescriptions for anxiety, depression, and other mental health conditions;
• Bodily pain and mental anguish;
• Damage to your vehicle (if you were a motorist hit by a train);
• Future losses, such as impaired learning capacity and continuing medical care;
• Other damages.

 There is no “average” settlement. Instead, what matters are your own injuries, pain, and any comparative negligence. If you ignored a warning sign and entered the tracks, you might not receive compensation, or your settlement could be reduced to account for your own risky behavior.

Connect with a Train Accident Lawyer in South Bend

Train accidents are “mass tort” events with dozens of injuries. Injured victims need a firm with the resources to handle complex cases such as these. Call Delventhal Law at (260) 484-6655 to speak with a lawyer in our firm about your injuries.