Railroad accidents are often disastrous events capable of causing serious injury or death. You or your loved one may have the right to claim compensation from a negligent railroad company or other at-fault party if you were injured in a crash. However, determining liability based on negligence can be a difficult process.

Our railroad injury attorneys help injured families understand their rights and recover compensation for their damages. We lead each case with compassion and a clear sense of our clients’ needs based on years of experience in catastrophic personal injury cases. Contact Maschka Personal Injury to schedule a free consultation and learn more about how we can help you with determining negligence in Mankato railroad accident claims.

How Is Negligence Determined in a Railroad Accident Claim?

To determine liability in a railroad crash in Mankato and whether you have a claim, we must first understand the events and circumstances that led to the accident. During an initial consultation, our lawyers will listen to your retelling of events and ask questions to identify any wrongful acts or instances of neglect by others. A variety of parties can be at fault for a railroad accident, such as a railroad company or train operator. Examples of negligence that demonstrate liability include:

  • Faulty tracks
  • Speeding trains
  • Defective brakes
  • Track obstructions
  • Unprotected crossing
  • Overweight or imbalanced cargo
  • Signal miscommunications with train operators

These instances of human error and mechanical failure can make it difficult to determine who acted negligently. Our legal team will work hard to gather evidence against the at-fault parties through various available resources, including witness testimony, police reports, and data from the train’s black box or other recording device.

Establishing negligence may also be difficult if there are multiple at-fault parties, including the injured plaintiff. In these situations, Minnesota Statutes § 604.01 requires juries to assign a percentage of fault to each party they find to be negligent. The court will then reduce a plaintiff’s compensation in proportion to their percentage of blame for the accident. Our lawyers can give you the information you need to make key decisions about going to trial or considering a settlement.

Pursuing Financial Compensation for Injury

You may be able to file a claim in Mankato to recover compensation for your train accident damages if negligence can be established as the cause. The amount of compensation awarded will generally depend on your injuries and the harmful effects they have had on your life. Our experience is beneficial in helping you consider both the immediate and future costs incurred by a railroad accident. We will pursue compensation for all applicable damages, including:

  • Lost wages
  • Medical care costs
  • Pain and suffering
  • Lost future earning potential
  • Lost quality or enjoyment of life
  • Ongoing rehabilitative and maintenance care

Talk to a Lawyer About Proving Negligence in a Mankato Railroad Injury Claim

Based in Mankato but serving the surrounding areas, Maschka Personal Injury has built a trusted reputation through our lawyers’ hard work. We approach each case with respect and compassion for the difficult position of our clients. Determining negligence in Mankato railroad accident claims is an important first step in seeking justice. Schedule a free consultation with one of our attorneys today, and let us help you begin the recovery process.