Can Negligent Parties Avoid Payment?
When a train accident occurs, it often causes horrific injuries. As death is a frequent result, the consequences affect grieving families for the rest of their lives.
When a train engineer and its crew are guilty of egregious acts such as in the Amtrak Cascades tragedy, defendants will likely still use every available avenue to reduce their own liability to victims. Despite the numerous injuries, three deaths, and extensive property damage, Amtrak can still minimize their responsibility for damages.
The 1997 Amtrak Reform and Accountability Act placed a 200 million dollar cap on damages for all plaintiffs killed or injured in a single event. Amtrak is required to provide a 200 million dollar liability policy to cover losses caused by their negligence. Their insurance company will assume their full responsibility for damages.
In other accident cases, rail company defendants rely on the injured or deceased person’s actions to support their defense.
- Status: Train incident reports often list an injured or deceased victim as a “trespasser.” A victim is considered a trespasser even though it’s often difficult to avoid traveling over or through a railroad’s easement. Washington common law dictates that a premises owner owes no duty to a trespasser.
- No negligence: When a train engineer, rail company or other defendant convinces a jury they committed no negligent acts, they avoid paying damages.
- Contributory fault: Under Washington’s Contributory Fault Statute, RCW §4.22.005, a court reduces a plaintiff’s settlement if they determine the plaintiff contributed to the accident. Washington’s “pure” comparative fault statute lets a plaintiff recover damages even if they are negligent.
- “Fault” definition: Washington’s definition of fault, RCW §4.22.015, assists defendants in proving a plaintiff’s contributory fault. The fault definition, “…unreasonable assumption of risk, and unreasonable failure to avoid an injury or to mitigate damages.” includes language that helps substantiate a viable defense.
- Damage mitigation defense: Train accident damages are often catastrophic and difficult to dispute. A defendant may still claim that some or all of the alleged damages are unrelated to the accident.
- No defect: If a plaintiff or defendant alleges a train defect, defective repair, or defective maintenance, a defendant company can avoid paying damages if they prove there is no defect.
Whether dealing with a high-profile corporate defendant or an auto insurance carrier, we’ve always expected courtroom confrontations and prepared our cases ahead of time.
Our firm has always put our energy, knowledge, and resources to work when presenting our clients’ cases. We’ve relied on evidence and case integrity to overcome litigation defenses.
Seattle Train Accident FAQ
Rail transport, as a means of transporting passengers and goods across the nation, has driven economic opportunity throughout the United States.
However, many people have a nostalgic, almost romantic, notion of trains. Riding in a passenger car watching the scenery pass before you is a thrilling, exhilarating experience.
From Amtrak’s three intercity routes from Seattle to Portland, Vancouver, and Chicago to the city’s several rail lines (Sound Transit’s Link light rail, the South Lake Union streetcars), passengers have plenty of train options. BNSF’s freight trains rumble through Seattle as well. However, the joy and efficiency of rail transportation also come with a cost.
Although train accidents are relatively infrequent, when they do occur, they often have devastating consequences. Reported statistics show that there were over 11,000 train-related accidents in the United States in just one recent year. For comparison, the number of train accidents reported is far fewer than the number of automobile accidents, totaling nearly 6 million per year.
Although they occur less frequently than car accidents, train accidents are much more likely to cause serious or fatal injuries. According to the National Safety Council, in a recent year, nearly 1 in 9 train accidents resulted in fatalities a far higher percentage than fatalities caused by automobile or motorcycle accidents.
Because train accidents are rarely discussed in the news media or popular culture, many Americans may not be aware of the dangers posed by trains.
However, it’s important to know some basic information about why train accidents happen and what to do if you are involved in one. Below are answers to some frequently asked questions about train accidents.
Why do Seattle train accidents happen?
Like motor vehicle accidents, train accidents happen for a variety of reasons. In fact, it’s rather rare for two train accidents to be caused by the same specific factors.
Nonetheless, human error and equipment failure are reported as the most common causes of train accidents. Human error leading to a train accident is a fairly self-explanatory concept. However, it can be far more complicated than a conductor merely failing to drive a train properly.
To operate effectively, trains require the expertise of several highly skilled technicians working collaboratively. Under normal circumstances, there are safeguards in place that help prevent one employee’s mistake from causing a catastrophe. If multiple errors occur close in time, safeguards may fail to keep operations in order.
Human error on the part of the engineers and technicians that inspect and maintain trains before clearing them for operation may also contribute to causing an accident.
With trains, proper maintenance and repair require highly specialized skills. If a few out of place screws go unnoticed or a cracked engine piston is neglected, an accident may occur. Equipment failure, too, can be more complicated than it seems. Modern trains are remarkably complex machines that require multiple systems working together harmoniously to ensure safe operations.
An accident may result from equipment failure if only a few gears fail to stay in sync. Beyond the train itself, to operate smoothly, these machines require that external mechanisms, such as switchboards and electronic signals, function properly.
Despite years of experience among mechanics and technicians, equipment defects may be undetectable by visual inspection. For example, a hairline fracture in the center of a metal gear may go unnoticed until the crack becomes more pronounced or the entire gear shatters under pressure.
Thus, the root causes of train accidents may be out of the control of even the most scrupulous inspectors.
Where do train accidents happen in Seattle?
Train accidents can happen almost anywhere, although they most commonly occur at unmarked railroad crossings. Railroad crossing accidents may happen when a train strikes an automobile that tried to “beat” the train across the tracks.
Many drivers underestimate how fast a train is approaching, or how long it takes a train to come to a complete stop. A train traveling at full speed can require nearly a mile of track to fully stop! In other circumstances, a driver simply may not notice that an oncoming train is approaching.
For example, a broken traffic signal at a rail crossing may fail to put an automobile driver on notice. Not all train accidents involve full-on collisions with automobiles or pedestrians. In fact, some train accidents involve no direct contact between the train and another vehicle or person.
Rather, many train accidents stem from derailments, cargo spills, or leaks. Trains often transport hazardous chemicals or waste, which can cause serious bodily injury to individuals in the vicinity if they are improperly secured and overturned.
Does an investigation occur after a Seattle train accident?
Yes, in fact, multiple investigations by multiple entities may occur in the aftermath of a train accident. Due to the complexities associated with trains, completing accident investigations may require a significant amount of time.
By design, railways travel through many different states, regions, and localities. As a result, federal agencies may be inclined to investigate an accident. There are two federal entities charged with investigating train accidents, the National Transportation Safety Board and the Federal Railroad Administration.
Agency investigations usually involve forensic analysis of the scene and interviewing witnesses. After the investigation, the TSB and FRA will issue a report discussing contributing causes and responsible parties. An accident report contains critical evidence should victims later pursue legal action.
Who can be liable for a Seattle train accident?
A single train accident may implicate multiple potentially liable parties. Generally, any party or person whose negligence at least partly contributed to causing the accident may share responsibility for the accident and any accident-related damages.
Although the engineer, train technicians, and railroad companies are under the most scrutiny after an accident, liability may extend to many individuals or entities.
For example, if a defective part caused the accident the part manufacturer may share liability for resulting damages. On the other hand, individuals who have no involvement in the design or operation of the train share responsibility for an accident.
For example, a driver may park their vehicle too close to the railroad tracks and cause an accident. In that case, the vehicle owner may be liable for accident-related damages. Oftentimes, it’s difficult to determine who is at fault before agencies and attorneys complete their investigations.
If I was in a Seattle train accident, should I see a doctor?
Yes, even if you believe you have only sustained minor injuries, you should seek a medical evaluation as soon as possible following a train accident. Many serious injuries and even life-threatening injuries may go undetected for days or weeks after an accident.
Injuries that do not immediately exhibit symptoms may require diagnosis by a medical professional. Ultimately, the quicker your injuries are diagnosed the sooner you can begin receiving treatment. Should you decide to pursue legal action, documentation of your medical expenses is necessary for determining the value of your claim.
Seeking an evaluation by a medical professional in the best way to demonstrate the extent and severity of your injuries.
When should Seattle train accident victims call a lawyer?
Accident victims should consult with an experienced attorney as soon as they are able. Even if you are uncertain whether you will file a claim, an attorney can help you understand and weigh your options.
Additionally, as train accident lawsuits can require an extensive investigation, scheduling an initial consultation right away provides more time for an attorney to develop a legal strategy and begin strengthening your claim.
Boohoff Law Train Injury Lawyers
If you or a loved one has been injured in a train or railway accident, you need a law firm that’s dedicated to results.
At Boohoff Law, our attorneys have worked hard to recover damages for our injured clients. Let us determine if we can help you.
Contact Boohoff Law at (877) 999-9999 or complete our contact form at Boohoff Law online. We’ll schedule a consultation to review your case.
Boohoff Law P.A.
Seattle Location
2200 6th Avenue,
Suite 768 Seattle,
WA 98121
(877) 999-9999
A personal touch backed by big results.
