Commercial Truck / Train Collisions

Truck and Train Wreck Lawyers Serving Clients Nationwide: Schedule Your Free Consultation Today

Railroad crossing accidents in which a train hits a truck can cause tremendous damage and injuries. There were more than 500 train-truck collisions in the United States in 2005, and many resulted in deaths and catastrophic injuries such as brain injury and spinal cord injury. If a railroad company or employee is in any way responsible for a collision, the truck driver or passenger deserves compensation for medical bills, pain and suffering, lost wages, and other resulting expenses.

We Have Specialized Expertise in Handling Truck/Train Accident Claims

Our attorneys have not only the experience and know-how but also the desire to get compensation for victims of truck vs. train accidents. Each year the trucking industry hauls more freight across the country, keeping the nation running. Unprotected and obstructed railroad crossings can be especially hazardous to truckers. When the railroad fails to trim trees or remove other obstructions that hinder a driver’s sight, crossing the railroad tracks can be a harrowing experience. Trucks move across the tracks more slowly than most vehicles, which makes avoiding a collision with a train even harder. Truckers should not have to worry about dangerous crossings, but because of the railroad industry’s negligence, their worries often become realities.

Helping Truckers Who are Victims of Railroad Accidents

At Pottroff & Karlin, LLC, our lawyers have helped numerous people in more than 25 years of practice. We are especially well known for our work in railroad crossing accident cases and have won many multi-million-dollar verdicts and settlements. In one truck and train wreck case, head lawyer Robert Pottroff represented a tow truck driver who was injured by a moving train while towing another vehicle off the tracks. The jury awarded our client a verdict of $10 million (see more of our past cases).

• This was one of the far too many instances in which the railroad tried to shift the responsibility of maintaining a safe crossing to someone else.

More on Semi Truck and Railroad Accident Law

Trucking and transportation liability cases involve a complicated group of laws and large amounts of evidence. Because the industry is heavily regulated, an accident involving a truck is significantly more complex than an automobile accident case. Consequently, you need a lawyer who has the experience and specialized knowledge to lead the investigation into the cause of the accident and to help you collect the maximum amount allowed under the law. Additionally, our lawyers are conversant in every aspect of railroad law, which is similar to learning a foreign language. Full mastery of railroad laws and regulations is a foundational predicate to understanding railroad liability issues, and our lawyers have dedicated 100% of their practice to cases involving these laws and regulations.

• Our years of practice have resulted in our access to many experts in a variety of specialty areas related to truck and train accident litigation. This access and expertise enhance our ability to maximize recovery for our clients.

Why Semi-Truck Railroad Crossing Collisions Happen

Every train-truck accident requires a comprehensive, thorough investigation. To bring a successful claim, you need to know exactly what went wrong to cause your crash. While truck and train collisions can happen for many different reasons, these crashes can almost always be prevented with the proper safety precautions. Some of the most common reasons why semi-truck accidents happen at railroad crossing include: 

• Unprotected Railroad Crossing: Unprotected railroad crossings are crossings without barriers, lights, or sound warnings. Drivers—especially those in large vehicles like semi-trucks—might not always see or hear an approaching train. Beyond that, the size and weight of semi-trucks make it harder for them to stop quickly.
• Speeding By Trains: Another factor is the speed of the trains. Trains often travel much more quickly than they appear from a distance. If a train is moving faster than the driver realizes or faster than is safe in a given location, it can contribute to a terrible crash.
• Railroad Crossing Sign Malfunctions: In some cases, the warning signs at railroad crossings malfunction. These signs include flashing lights and gates that lower to block the road. If these are not working correctly, a semi-truck driver might not be warned of an approaching train. 
• Truck Defects: Finally, defects in the semi-truck itself can contribute to these accidents. Problems like brake failure, steering issues, or engine trouble can prevent a truck from stopping or moving off the tracks in time. Regular maintenance is vital for semi-trucks. Trucking companies need to ensure that their drivers are in safe vehicles. 

Who Can Be Held Liable for a Railroad Crossing Commercial Truck Accident

Are you a trucker who was injured in any type of railroad crossing accident? It is imperative that you are able to hold the at-fault party liable. Who is legally responsible for a truck-train crash? The answer always depends on the specific circumstances of the case. Here is an overview of the parties that are the most likely to be held legally responsible for a truck-train crash: 

• The Train Company: The company operating the train could be held liable for the crash. If the train was speeding, not following proper safety protocols, or if the train operator was negligent, the train company might bear legal responsibility for the collision. The train company may also be liable if it failed to maintain the train properly (mechanical failure). 
• The Railroad Line: The entity responsible for the maintenance and safety of the railroad line itself could also be liable. Among other things, this includes warning signals, gates, and lights at crossings are functioning correctly. If an accident occurs because of poor maintenance or faulty warning systems on the railroad line, the entity may bear fault. 
• The Trucking Company: The trucking company that owns the semi-truck involved in the accident might be liable—especially if the accident was due to their negligence. Truck companies must ensure that drivers are properly trained, are following hours-of-service regulations to prevent driver fatigue, and that they maintain their fleet of trucks.
• The Truck Manufacturer: If the accident was caused by a defect in the truck, the manufacturer of the truck could be liable. Some examples include defects in the design or manufacturing process that led to mechanical failures—such as brake or steering issues. A truck manufacturer may bear fault on the grounds of product liability. 

• A Note on Liability and State Law: Railroads are regulated by federal law. That being said, truck/train accident claims fall under state law. The specific law in the state where the railroad collision occurred matters. The vast majority of U.S. states operate on some form of a comparative negligence standard. However, there are some notable differences from state to state. Our lawyers are prepared to help injured trucks navigate the law in their state. We often work closely with local attorneys in all railroad crossing semi-truck accident cases. 

We Fight Tirelessly to Help Injured Truckers Secure the Maximum Financial Compensation

A railroad crossing crash between a train and a commercial truck can be truly catastrophic. If you are a trucker who is hurt in this type of crash, it is imperative that you are able to secure the absolute maximum financial compensation. You cannot rely on any train operator or railroad company to look out for your best interests. Further, the insurance companies that get involved in the claims process fight hard to pay out as little as possible to injured victims.  At Pottroff & Karlin, LLC, we are railroad safety advocates with the specialized skills and experience necessary to help injured truckers get the maximum financial compensation in a train accident claim. You may be entitled to recover money damages for: 

• Property losses (truck repairs); 
• Ambulance costs and emergency medical care;
• Hospital bills and other medical expenses;
• Physical therapy and other rehabilitative care;  
• Loss of wages and loss of earning power;
• Pain and suffering & emotional distress; 
• Long-term disability and physical impairment; and
• Wrongful death of a family member.  

Why Rely On Pottroff & Karlin for Representation in a Semi-Truck/Train Accident Claim

Railroad crossing accident claims are complicated—especially when large commercial trucks are involved. Unfortunately, these crashes can cause devastating injuries to truckers. Victims and their families need justice and the maximum compensation. Our firm can make the difference. At Pottroff & Karlin, LLC, we are proud to be the nation’s top law firm for train accidents. When you reach out to us, you will have a chance to consult with a top-tier truck and train accident attorney who can: 

• Conduct a free, comprehensive review and evaluation of your case:
• Thoroughly investigate your accident—gathering the evidence you need; 
• Handle all of the settlement negotiations with insurance companies; and
• Take aggressive action to help you secure the absolute maximum compensation.

Contact Us Semi-Truck and Truck Accident Attorneys for a Free Consultation

If you have questions or if you want to set up a free initial consultation about your situation, please contact our lawyers. We are a small firm, so our attorneys are almost always available for one-on-one contact, and we have taken cases in states across the country, from coast to coast. In fact, out-of-state attorneys frequently consult our firm for our expertise on railroad crossing accidents, which often leads us to co-counsel with them. This joint effort allows our clients to have both local representation from their home state and our unique knowledge of railroad liability issues. Do not wait: Contact us today to set up your free, no obligation initial consultation.

• CALL NOW: 785-539-4656