When a massive locomotive collides with a vehicle or strikes a pedestrian, the results are often devastating. The sheer weight and momentum of trains make these accidents particularly severe, leaving victims with catastrophic injuries that require extensive medical treatment and long-term care.
If you or someone you love has suffered an injury in a train accident in Stevens Point or anywhere in central Wisconsin, you don’t have to face this challenge alone. At Anderson O’Brien, our experienced Stevens Point, Wisconsin train accident lawyers have been fighting for injury victims since 1886. We understand the complex nature of railroad accident cases and have the dedication, experience, and skill to help you seek the compensation you deserve.
Why Choose Anderson O’Brien?
When dealing with the aftermath of a train accident, you need attorneys who understand your situation’s legal complexities and human impact. Anderson O’Brien has been a trusted name in central Wisconsin for over 135 years, and our reputation for excellence speaks for itself.
Experience in Railroad Accident Cases
Our train accident attorneys have handled numerous railroad injury cases throughout central Wisconsin. We understand the unique challenges these cases present, from determining liability to dealing with powerful railroad companies and their insurance providers.
Railroad accidents involve federal regulations, industry standards, and complex liability issues that require knowledge of these regulations and laws surrounding the railroad industry. Our team has spent decades developing the experience needed to handle these challenging cases successfully.
Resources to Take on Railroad Companies
Railroad companies have substantial financial resources and experienced legal teams working to minimize their liability. At Anderson O’Brien, we have the tools and determination to level the playing field. We work with accident reconstruction specialists, engineering experts, and medical professionals to thoroughly investigate your case and build the strongest possible claim. Our ability to utilize the experience of each of our attorneys to benefit our clients is what sets us apart and makes us unique in central Wisconsin.
Personalized Legal Strategies
Every train accident is different, and we believe in providing tailored legal representation that addresses your specific situation. Our team takes the time to understand how this accident has affected your life. We develop customized legal strategies to achieve the best possible outcome for you and your family.
No Upfront Costs
We understand that train accident injuries often result in significant medical expenses and lost income. That’s why we offer free initial consultations and work on a contingency fee basis. You pay nothing unless we successfully recover compensation for your case. During your consultation, we’ll review the details of your accident, answer your questions, and provide an honest evaluation of your legal options.
Commitment to Justice
Train accidents often result from preventable causes, such as equipment failures, signal malfunctions, or human error. The companies responsible must be held accountable for their negligence.
At Anderson O’Brien, we fight tirelessly to secure compensation for medical expenses, lost earnings, pain and suffering, and other damages caused by train accidents. Our goal is a prompt and fair resolution of your claim while preserving all the legal evidence necessary to present a winning case.
Located conveniently in Stevens Point, just blocks from the historic downtown district and easily accessible from Highway 10, our offices have been serving central Wisconsin families for generations. You can reach Anderson O’Brien at (715) 344-0890 for your free consultation.
How Much Is My Train Accident Case Worth?
The value of a train accident case depends on numerous factors, including the severity of your injuries, the impact on your ability to work, and the circumstances surrounding the accident.
Compensation in train accident cases may include coverage for immediate medical expenses such as emergency room treatment, surgery, and hospitalization. Long-term medical care, including physical therapy, rehabilitation, and ongoing treatment for permanent disabilities, is often necessary. Lost earnings represent another significant component, covering immediate time off work and future earning capacity if your injuries prevent you from returning to your previous employment.
Pain and suffering compensation addresses the physical discomfort and emotional distress caused by your injuries. Train accidents often result in traumatic experiences that can lead to anxiety, depression, and post-traumatic stress disorder. Property damage may also be included if your vehicle was destroyed in the accident.
In cases where families have lost a loved one in a train accident, wrongful death claims may provide compensation for funeral expenses, loss of financial support, and the emotional suffering endured by surviving family members.
The specific amount of compensation depends on the unique circumstances of your case. Our experienced attorneys will carefully evaluate all aspects of your situation to determine the full extent of damages you may be entitled to recover.
Where Do Train Accidents Occur in Stevens Point and Central Wisconsin?
According to federal railroad administration data, Wisconsin experiences hundreds of railroad crossing accidents annually, with many occurring at grade crossings where roads intersect with railroad tracks.
Several high-traffic crossings in central Wisconsin, particularly around Stevens Point, Wausau, and Wisconsin Rapids, have been the site of serious accidents. Many train accidents in our area occur at railroad crossings where warning signals may malfunction or where visibility is limited by curves, hills, or vegetation. Rural crossings without active warning devices pose particular risks, especially during winter when snow and ice can affect both vehicle control and the effectiveness of warning signs.
The Wisconsin Department of Transportation maintains statistics showing that the majority of train-vehicle accidents happen during daylight hours, often because drivers underestimate the speed of approaching trains or attempt to beat trains through crossings.
Fighting the Railroad Companies
Railroad companies are among the most powerful corporations in America, with vast resources and experienced legal teams dedicated to minimizing their liability. When you have suffered an injury in a train accident, you’re facing companies that operate nationwide and have decades of experience defending against injury claims. These companies often dispatch investigators to accident scenes within hours, working to gather evidence that supports their version of events.
Railroad companies frequently argue that accident victims were trespassing, ignoring warning signals, or otherwise responsible for their own injuries. They may claim that warning devices were functioning properly, that visibility was adequate, or that their trains were operating within acceptable parameters.
Insurance companies representing railroad corporations often make quick settlement offers that seem generous but fall far short of covering the long-term costs of serious injuries. These early offers are designed to resolve claims quickly and cheaply before victims fully understand the extent of their injuries and future needs.
Our attorneys at Anderson O’Brien understand these tactics and know how to counter them effectively. We conduct our own thorough investigations, work with expert witnesses, and build compelling cases that demonstrate the true extent of railroad company negligence.
What to Do After a Train Accident
While your immediate focus should be on getting proper medical treatment, there are important actions that can help protect your legal rights.
- Seek Immediate Medical Attention even if you don’t think you’re seriously injured. The adrenaline and shock of a train accident can mask pain and symptoms. Getting prompt medical care creates a record of your injuries and ensures that problems are identified and treated quickly.
- Follow All Treatment Plans prescribed by your doctors. Attending all appointments, taking medications as directed, and participating in physical therapy shows that you’re taking your recovery seriously. Insurance companies often use gaps in treatment to argue that injuries aren’t as bad as you claim.
- Document Everything related to your accident and recovery. Keep copies of all medical records, bills, and correspondence with insurance companies. Take photos of your injuries as they heal, and maintain a journal describing your pain levels, limitations, and how the accident has affected your daily life.
- Obtain Official Reports, including police reports and railroad company incident reports. These documents provide key evidence about how the accident occurred and who may be responsible.
- Preserve Evidence from the accident scene if possible. It might include photos of damaged warning signals, obstructed views, or dangerous crossing conditions. However, never put yourself at risk by returning to active railroad areas.
- Keep Track of Financial Losses, including medical expenses, lost earnings, and other costs related to your accident. This documentation will be essential when calculating the full extent of your damages.
- Avoid Discussing the Accident with railroad company representatives or insurance adjusters without consulting with an attorney. These conversations are often recorded and can be used against you later.
- Contact Anderson O’Brien as soon as possible to protect your rights. In Wisconsin, you generally have three years from the date of injury to file a lawsuit, but evidence can disappear quickly, and witnesses’ memories fade over time. Don’t wait to seek legal representation.
How Our Train Accident Lawyers Can Help
When you choose Anderson O’Brien to represent you in a train accident case, you’re getting a team that genuinely cares about your recovery and your future. Our approach to train accident cases is comprehensive and client-focused.
Thorough Case Investigation forms the foundation of every successful train accident claim. Our attorneys work with accident reconstruction experts, railroad industry specialists, and engineering professionals to understand exactly what happened and why. We examine train maintenance records, crew schedules, signal system logs, and crossing maintenance history to understand the events leading to your accident.
Expert Witness Coordination is vital in train accident cases. We work with professionals who can explain complex railroad operations, safety standards, and industry practices to judges and juries. These experts help demonstrate how railroad companies failed to meet their safety obligations.
Medical Evidence Development ensures that the full extent of your injuries is properly documented and presented. We work with your treating physicians and may consult additional medical experts to explain your condition, treatment needs, and long-term prognosis.
Negotiation with Insurance Companies requires understanding the law and the insurance industry’s tactics. Our attorneys have extensive experience dealing with railroad insurance carriers and know how to present compelling settlement demands that accurately reflect the value of your case.
Trial Preparation and Representation may be necessary if insurance companies refuse to offer fair compensation. Our trial attorneys have experience presenting complex railroad accident cases using the local law to juries and have the skills to advocate for your rights in court effectively.
Client Communication and Support throughout the legal process ensure you understand what’s happening with your case and what to expect next. We believe in keeping our clients informed and involved in important decisions about their cases.
Who Can File a Train Accident Lawsuit?
Depending on the circumstances of the incident and the injuries sustained, several categories of people may have valid train accident claims.
- Vehicle Occupants injured when their cars, trucks, or motorcycles are struck by trains at crossings may have claims against railroad companies if the accident resulted from inadequate warning systems, poor crossing design, or other safety failures.
- Pedestrians struck by trains may have claims even if they were technically trespassing on railroad property, particularly if the railroad company failed to provide adequate fencing, warnings, or other safety measures in areas where pedestrian traffic is common.
- Railroad Employees injured on the job have special protections under federal law, including the Federal Employers Liability Act (FELA), which provides remedies different than typical workers’ compensation claims.
- Passengers on trains involved in derailments or collisions have clear rights to compensation for their injuries, as railroad companies owe a high duty of care to paying passengers.
- Property Owners whose land or buildings are damaged in train accidents may have claims for property damage and related losses.
- Family Members of those killed in train accidents may file wrongful death claims seeking compensation for their losses, including funeral expenses, lost financial support, and emotional suffering.
It’s important to note that Wisconsin law generally allows three years from the date of injury to file a personal injury lawsuit. However, claims against government entities may have shorter deadlines, and federal railroad regulations may impose additional requirements.
Contact Anderson O’Brien Today
If you or someone you love has suffered an injury in a train accident in Stevens Point or anywhere in central Wisconsin, don’t face this challenge alone. The experienced train accident attorneys at Anderson O’Brien have been helping injury victims for over 135 years, and we have the dedication, experience, and skill necessary to fight for the compensation you deserve.
Contact Anderson O’Brien today at (715) 344-0890 for a free initial consultation about your train accident claim. We’ll review the details of your case, explain your legal options, and help you understand what to expect throughout the legal process.