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Railroad Accident
Frequently Asked Questions

Attorney in Little Rock, Arkansas

Does your law firm know about the railroad's own internal rules?

Yes. The railroad accident attorney at Duncan Firm understands the Operations Rule book and how it deals with the way the trains operate over the track. A Maintenance of Way book deals with the maintenance of the track and the railroad's right-of-way. Both manuals are written by the railroad and approved by the Federal Railroad Administration for the daily operations, procedures and conduct of said railroad company. Since there are only a few major railroad companies in the United States, we are able to use our knowledge from our prior train injury cases to help us in future train injury cases.

How do Phillip and the trial team evaluate a train injury case?

Our goal is to closely preserve the crossing and the motorist’s view at the time of the collision. We know from our experience in past cases that the railroad company will take remedial measures that alter the accident scene.

Therefore,

  • We inspect the crossing scene as soon as possible, photographing it (including aerial photographs) and videotaping it.
  • We carefully study the facts surrounding the accident and the injuries and damages arising from it.
  • We engage the services of experts at the outset and ask them to visit the scene. They can then assist in analyzing the crossing for design defects and corresponding train handling errors.
  • From there, we begin gathering from the railroad information needed to prove that the railroad knew or should have known of the defective crossing and of the need for special train handling.

Is there an advantage to hiring an experienced team of trial lawyers in train injury litigation?

Yes. Duncan Firm has a team of experienced trial lawyers who know what evidence to be looking for. Without knowledge, a trial lawyer usually begins at a disadvantage.

The railroad will have immediately dispatched investigators to canvass the vicinity around the accident site to ask leading questions and take self-serving photographs, measurements, and witness statements. The railroad will quickly remove any significant visual obstructions in the railroad's right-of-way. The train crew will have been totally debriefed by the railroad’s trained investigators and lawyers.

Through insight, experience and perseverance, we can turn the tables and hold the railroad accountable for its actions, or inaction, in connection with an avoidable collision.

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What kind of evidence will you be attempting to obtain to prove that the crossing was defective and unreasonably dangerous?

  • We’ll look for evidence of an inadequate sight-distance triangle, or other unique local hazards, that caused an avoidable collision.
  • We look for evidence of negligent train handling.
  • We document and measure the scene as of the time of the collision.
  • We will interview neighbors and local residents, the local police department, and the local newspaper to piece together exactly what happened at the time of the collision in question e.g., did the train whistle sound as required?
  • We will look for the evidence of prior accidents at that particular crossing.
  • We will obtain and analyze the "speed tape" for each engine and will gather needed information regarding:
    • Average daily traffic train volume
    • Maximum train speed
    • Prior accidents at this particular site
    • The number of tracks
    • Speed limit for the adjoining highway
    • Whether school buses cross the particular crossing
    • Whether trucks containing hazardous material utilize the crossing
    • The number of Amtrak trains that pass that particular crossing
  • We will study train speed very carefully, examining the applicable time table.
  • We will request information from the Federal Railroad Administration and the state's Department of Transportation.

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If you or a loved one has questions about legal rights following a railroad crossing injury, contact our Little Rock railroad accident lawyer at Duncan firm and let us fight for you.

Complimentary Railroad Accident Case Evaluations.

Railroad Accident Attorney in Little Rock, Arkansas