A railroad company is a force of nature. Its trains move through Pasco County with unstoppable momentum, and its legal team is just as formidable. When a train collides with a vehicle or a pedestrian, the results are catastrophic. Victims are left with life-altering injuries, and families are shattered by loss.
In the face of such a tragedy, the thought of taking on a railroad giant seems impossible. They have vast resources, aggressive lawyers, and a system designed to protect them. You need a law firm that has the power, the resources, and the resolve to fight back.
At Roman Austin Personal Injury Lawyers, we are the New Port Richey train accident lawyer team that has the experience to hold powerful corporations accountable and fight for the justice your family needs.
Why Choose Roman Austin for Your Train Accident Claim?
A case against a railroad is not a standard personal injury claim. It is a high-stakes legal battle that requires immense resources, specific industry knowledge, and an unwavering commitment to your cause. Our firm is built to handle these fights.
Experience taking on powerful corporations
We have a long and successful history of litigating complex cases against large corporate defendants. While past results do not guarantee future outcomes, our record includes numerous multi-million dollar recoveries for clients who have suffered catastrophic injuries.
We are not intimidated by the size or reputation of a railroad company. We have the financial strength to fund a thorough investigation, hire the nation’s top experts, and see a case all the way through to a jury verdict if the railroad refuses to offer fair compensation.
Extensive knowledge of Pasco County rail corridors
Our New Port Richey office gives us a home-field advantage. We are intimately familiar with the CSX rail lines that run through our community, including the numerous crossings on roads like Trouble Creek Road and Main Street. We know the local geography, the history of specific crossings, and where to find local witnesses.
This on-the-ground knowledge is a significant asset when investigating the specific circumstances of your accident.
A commitment to your family’s future
We know that a train accident affects more than just the victim; it impacts the entire family. Our team provides compassionate, personal support throughout the entire legal process.
We handle every detail, from the complex investigation to all communications with the railroad’s legal department, so you can focus on what is most important: healing and supporting your loved ones during an incredibly difficult time.
Holding the Railroad Accountable for Negligence
Unlike a typical driver, a railroad is a “common carrier,” a legal term for a company that transports goods or people for the public. The law holds common carriers to the highest possible standard of care for safety. When they fail to meet this standard, they can and should be held liable for the harm they cause.
The higher duty of a common carrier
The law requires a railroad to exercise the utmost caution to protect the public from the immense dangers its operations create. This heightened duty means they must be proactive in maintaining their equipment, training their employees, and ensuring their crossings are safe.
A failure that might be considered a minor mistake for an ordinary driver can be a major act of negligence for a railroad company.
Common causes of train accidents in our area
These devastating events are rarely true accidents; they are often the result of specific, preventable failures. A thorough investigation seeks to identify the exact point where the railroad’s safety system broke down.
- Failure to maintain tracks and signals
- Train operator error or fatigue
- Excessive speed for the track conditions
- Inadequate warnings at a crossing
- Mechanical failure of the train’s brakes or engine
The Unique Investigations in a Train Accident
Investigating a train accident is a massive undertaking that is completely different from a car wreck investigation. It requires immediate action to preserve evidence and a team of specialists who can decipher complex technical data.
Preserving evidence from the railroad’s control
The most important evidence is in the railroad’s possession. An experienced law firm takes immediate action by sending a formal spoliation letter. This is a legal demand that the railroad preserve all evidence related to the crash and not destroy, alter, or repair anything until our own experts can inspect it. This includes the locomotive, the tracks, the signaling equipment, and all electronic data. This step prevents the company from “losing” the very evidence that proves their negligence.
The role of federal agencies and their reports
The Federal Railroad Administration (FRA), a division of the U.S. Department of Transportation, investigates all major train accidents. The FRA will send a team to the site to conduct its own inquiry.
While their final accident report can take months or even years to complete, the data they collect can be very valuable. The FRA’s Office of Safety Analysis provides public data that can help establish a history of safety violations for a particular railroad or crossing. We work to obtain these reports and use them to support your case.
Working with industry-specific experts
A train accident case requires a team of specialists who speak the language of the railroad industry. We assemble a team of the nation’s leading experts to analyze the evidence and provide testimony.
- A signal and crossing expert can analyze the electronic data from a signal bungalow, the small building near a crossing. They can determine if the warning lights and gates activated in the proper sequence and for the federally mandated amount of time before the train’s arrival. Their testimony can dismantle a railroad’s claim that their signals were working correctly.
- A human factors expert analyzes the train operator’s actions. They review the operator’s training records, work schedules, and toxicology reports to identify potential fatigue, distraction, or impairment. They can testify as to whether the operator had enough time to see an obstruction and react appropriately.
- An accident reconstructionist takes the data from the train’s event recorder, or “black box,” which contains a second-by-second record of the train’s speed, throttle position, brake application, and horn usage. They combine this with physical evidence from the scene to create a scientific recreation of the crash, proving how and why it happened.
Calculating the Full Damages in a Catastrophic Claim
The financial and personal losses from a train accident are immense. Our job is to identify and calculate every single damage to ensure your claim accounts for a lifetime of needs.
The cost of a lifetime of medical care
The injuries from a train accident are almost always catastrophic. A claim must include not only the past medical bills from the initial trauma care but also a comprehensive projection of all future medical needs. This may include multiple revision surgeries, decades of physical therapy, 24/7 in-home nursing care, and expensive medical equipment.
We work with life care planners to create a detailed report that puts a specific dollar amount on this future care.
The actual value of lost income and earning potential
A victim of a train accident is often unable to return to their career. We calculate not just the wages lost to date, but the full value of the wages, benefits, and raises they would have earned over the rest of their working life.
An economist can project these losses into the future and present them as a single, lump-sum value, ensuring your family does not suffer a lifetime of financial hardship.
Compensation for the human cost and trauma
The law allows you to seek compensation for the immense human suffering caused by the railroad’s negligence. This includes the physical pain of the injuries, the emotional distress of living with a permanent disability, and the psychological trauma, such as PTSD, that often follows such a violent event. It is compensation for the loss of independence and the inability to live the life you once had.
FAQ for New Port Richey Train Accident Lawyer
What if I was on the railroad tracks when the accident happened?
Even if a person was trespassing on the tracks, the railroad may still be liable. For example, if the train operator saw the person from a distance but failed to sound the horn or apply the emergency brakes in a reasonable time, they may share fault. These cases are complex, but you should not assume you have no rights.
Can the local government be at fault for a dangerous crossing?
It is possible. In some cases, the city or county may share responsibility for a dangerous crossing if they failed to install adequate warning signs on the approaching roads or if the design of the road itself created a visual obstruction that made it difficult for drivers to see an oncoming train.
How is a train accident claim different for a passenger on the train?
As a passenger, the railroad owes you the highest duty of care. If you are injured in a derailment or a collision caused by the railroad’s negligence, you have a very strong claim. You were an innocent victim who placed your safety in the company’s hands.
The railroad is offering me a quick settlement. Should I take it?
You should never accept a settlement offer from a railroad company without speaking to an attorney. Their initial offers are almost always a small fraction of the true value of a catastrophic injury claim. They are hoping you will accept the offer before you know the full extent of your future medical needs and financial losses.
How long does a train accident lawsuit take?
These are among the most complex and lengthy personal injury cases. Due to the high stakes, the extensive investigation required, and the aggressive defense tactics of the railroads, these cases often take several years to resolve through a settlement or a trial situations where a seasoned personal injury lawyer can make a critical difference.
Your First Step Toward Justice
You do not have to be intimidated by the immense power of a railroad company. With a dedicated and experienced legal team in your corner, you can fight back and demand the full measure of justice your family is owed.
The attorneys at Roman Austin Personal Injury Lawyers possess the resources, knowledge, and resolve to take on these challenging cases.
Contact our New Port Richey office today for a free, no-obligation consultation to discuss your train accident case. We will provide a clear explanation of your rights and how we can help. Call us at (727) 815-8442 or complete our online contact form.
Roman Austin Car Accident and Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
