Potential Damages When a Train Causes Damage to Your Car

 Posted on February 19, 2024 in Car Accidents

Getting hit by a train often leads to extensive property damage and sometimes even injuries. While no amount of money can undo what happened, understanding your legal rights and options can help you secure fair restitution. An Illinois personal injury lawyer can help you with some key areas where you may be able to seek damages after a train accident.

Assessing Vehicle Damage

If a train collides with your car, there is sure to be significant damage. The sheer size and weight of a train often leave vehicles mangled beyond repair. Typical vehicle damage could include:

• Totaling of the car
• Body damage like dents, cracks, and misshaping
• Mechanical and computer issues
• Damage to windows, lights, mirrors, or similar
• Damage from being pushed into other objects

You can seek damages to cover the cash value of your now-totaled vehicle, the cost to rent a replacement vehicle, and any repair-related expenses not covered by insurance. Save documentation like repair estimates and rental receipts.

Accounting for Personal Injuries

While less common than vehicle damage, train accidents can also cause injuries to drivers and passengers. You experience physical trauma from the impact itself or debris flying through the cabin. Common train accident injuries are:

• Broken bones
• Cuts and lacerations
• Sprains and strains
• Traumatic brain injuries
• Internal organ damage

If a train accident leaves you with injuries needing medical care, you can seek compensation for related costs like ambulance fees, hospital bills, medications, assistive devices, and physical therapy. Include documentation from doctors detailing your injuries when building your injury claim.

Recovering Other Crash Expenses

Beyond vehicle and medical damages, a train accident can create many ripple effects that cost you time and money. You may need to take time off work while recovering or dealing with crash obligations. There may also be incidental costs related to childcare, home, and vehicle modifications because of injuries, property damage apart from your car, and more.

Keep thorough records of all expenses from the train accident and the disruption it causes to your regular life activities. Quantifying these crash-related costs helps show the full scope of losses you incurred.

Understanding Liability and Negligence

To receive damages, you must prove that another party acted negligently and bears some liability for the crash. With train accidents, multiple stakeholders like the railroad company, conductor, and train maintenance crew could share in liability:

• Failure to sound horn or whistle
• Excess speeding
• Ignoring warning signals
• Poorly maintained tracks or crossings
• Failure to brake in time

An attorney can help analyze all factors contributing to the crash to pinpoint grounds for negligence. With a strong liability argument, you put yourself in the best position to demand robust compensation through settlement negotiations or personal injury litigation.

Contact a Champaign, IL Personal Injury Attorney

The claims process after a train accident can be lengthy and complex. Working with a Decatur, IL personal injury lawyer from the start helps you avoid common mistakes while efficiently documenting losses and building your demand. Call Kanoski Bresney at 888-826-8682 to start with a free consultation.