Arkansas Train Injury Lawyer

Little Rock Railroad Accident Attorney

To conduct effective and efficient discovery in a grade crossing case, it is important to have a general understanding of the way in which the railroad is structured. The railroad company will not tell the Arkansas train accident victim's lawyer who knows what in the organization. An experienced Arkansas train injury lawyer will be able to depose the right person, having an appreciation and understanding of the managerial structure of the railroad.

On a daily basis, a General Manager or Vice President of Operations has the ultimate duty to oversee the operations within a particular division where an Arkansas train accident may have occurred. A General Manager or Vice President of Operations usually supervises several divisions. In each division, there will be a Division Manager or a Division Superintendent. This person reports directly to the General Manager or Vice President of Operations. The Division Manager or Division Superintendent is responsible for obtaining and allocating an annual budget for the following departments within the particular division:

Operations Department
Civil Engineering Department
Signal Department
Maintenance of Way Department
Claims Department

The Claims Department handles all Arkansas train accident claims for that particular division, and will engage the assistance of the other four departments when necessary. The Claims Department's funding for settling claims is based on an annual budget, which is supervised by the Division Superintendent. Deposing all the relevant railroad witnesses is time-consuming and expensive.

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

Yes. The Operations Rulebook 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 Arkansas train injury cases to help us in our future train accident cases.

How do you evaluate an Arkansas train injury case?

We carefully study the facts surrounding the train accident, injuries, and damages that arise out of the tragedy. We inspect the crossing scene as soon as possible, thoroughly photographing and videotaping the location. We utilize aerial photographs as well. Our goal is to closely preserve the crossing and the view of the motorist 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 Arkansas train accident scene. We engage the services of experts at the outset and ask the experts to visit the scene. The experts 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 the need for special train handling in view of the defective and unreasonably dangerous crossing.

Is there an advantage to hiring a lawyer experienced in train injury litigation?

Yes. An experienced Arkansas train accident lawyer knows what evidence to look for. Absent knowledge, the 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 inactions, in connection with an avoidable Arkansas train accident.

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

What we are looking for first is evidence of an inadequate sight-distance triangle or other unique local hazards that cause avoidable collisions. We also 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 (i.e., did the train whistle sound as required?) and, also, the evidence of prior train accidents at the 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 the 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.

Free Initial Consultation

If you've been injured in a train accident, contact an Arkansas train injury lawyer at Rainwater, Holt & Sexton. We have offices in Little Rock, Rogers, Conway, and Hot Springs and have successfully handled cases all throughout Arkansas. Complete a FREE Consultation Form online or call us today at (800) 434-4800! We have intake specialists standing by to take your call at all times.

We handle Arkansas personal injury cases in the following areas: auto accident, brain injury, drug injury, defective product, nursing home abuse, slip and fall, Social Security Disability, train injury, truck accident, and wrongful death.