From maintenance and inspection logs to eyewitness testimony, several forms of evidence can be used to establish liability in a railroad accident claim. For victims and their families, the key is to promptly hire an experienced lawyer who can preserve the evidence that is available before it disappears.
When a railroad accident results in serious or fatal injuries, filing a railroad accident claim starts with preserving the evidence that is available. Victims and their families need evidence to establish liability—and, while various types of evidence may be available, it is critical to preserve this evidence while there is still time to do so.
What types of evidence need to be preserved? While every railroad accident claim is unique, some examples of the types of evidence that will often be available include:
Official accident reports from the National Transportation Safety Board (NTSB), Federal Railroad Administration (FRA), and other authorities can provide valuable insight into why a railroad accident happened.
Maintenance and inspection logs can provide insight into whether the train and railroad tracks were safe to use at the time of the accident. Unfortunately, inadequate maintenance and skipped inspections are common issues in the railroad industry.
Recorded communications, radio logs, crew schedules, employee background checks, and various other types of internal records can also be used to identify potential causes of a railroad accident.
The train’s event data recorder (or “black box”) could contain critical information about the train’s speed and braking, the forces generated by the collision, and other potential factors contributing to victims’ injuries.
From crew members and passengers to drivers and bystanders, various eyewitnesses may be able to provide testimony that offers additional insight into what went wrong and who (or what company) is to blame.
If there is video footage of the accident (i.e., traffic or surveillance camera footage), this footage could be among the strongest forms of evidence available. Cell phone videos and photos from the crash site can be helpful as well.
Along with cell phone videos and photos, forensic evidence from the crash site (i.e., debris from the crash and damage to the surrounding area) can also help with establishing liability.
Again, these are just examples. Additionally, when railroad accidents involve spills, collisions with motor vehicles, and other unique circumstances, various other forms of evidence may be available as well. The key is to quickly determine what evidence is available in your case—and this makes it critical to hire an experienced railroad accident lawyer as soon as possible.
When railroad accident victims and families hire us to represent them, we get to work right away gathering the evidence we need to seek just compensation for our clients’ losses. Gathering evidence after a railroad accident is a multi-step process, and there are certain steps that should be taken immediately.
In a typical scenario, gathering the evidence needed to pursue a railroad accident claim will involve:
As an accident victim or family member, it is important not to try to handle your situation on your own. It is also important not to make any assumptions about whether you may or may not be able to file a successful railroad accident claim. Assessing and protecting your legal rights requires experienced legal representation, and it is strongly in your best interests to hire an experienced railroad accident lawyer promptly.
If you or a loved one has been seriously injured in a railroad accident, important evidence may not remain available for long. The Chicago railroad accident lawyers at Coplan + Crane can investigate what happened, preserve critical evidence, identify who may be liable, and pursue the compensation you deserve.
Contact the Chicago railroad accident lawyers at Coplan + Crane today online or at (312) 982-0588 for a FREE case evaluation. We proudly serve clients across Illinois, including Chicago, Oak Park, Rockford, and other areas.
