Although the U.S. Department of Transportation regards transportation by rail as one of the safest methods of moving hazardous materials, train accidents involving hazmat spills still occur. These accidents put individuals, infrastructure, and the environment at risk of both immediate and long-term harm.
When a hazardous train accident occurs due to a railroad worker’s or rail company’s negligence, let an experienced legal advocate from Pringle & Herigstad, P.C., advocate for your rights and interests. Since 1909, our firm has provided high-quality representation and service to residents across North Dakota. We’ve established a reputation for providing top-notch client service and effective advocacy through our relationships with the people, judges, and juries who will affect your case.
If a train accident involving hazardous cargo harmed you or caused damage to your property, you may have the right to demand compensation and accountability from the responsible parties. Contact Pringle & Herigstad, P.C., for a free initial case review to discuss how we can help you seek financial recovery for your losses.
Types of Hazardous Cargo Carried by Trains
Railroad and shipping companies regularly transport various types of hazardous materials. Federal agencies impose significant safety regulations on shipping hazardous cargo via rail. Examples of hazardous materials transported via railroad include:
- Fertilizers
- Crude oil and refined petroleum products
- Liquified natural gas
- Ethanol
- Chlorine
- Munitions
- Dynamite or high explosives
- Acidic or corrosive chemicals
- Radioactive substances, including uranium/plutonium fuel or warhead material and spent nuclear fuel
- Potassium compounds
- Sulfur dioxide
- Anhydrous ammonia
Common Causes of Hazardous Train Accidents
An accident involving a train carrying hazardous materials can occur for various reasons. Some possible causes of hazardous train accidents include:
- Exceeding speed limits
- Disregarding signal lights
- Inadequate track or signal maintenance
- Damaged tracks or rails
- Defective train equipment, such as brakes
- Defective or inadequately maintained tanker/container equipment, such as valves or pressure monitoring systems
- Malfunctioning railroad grade crossings
- Stopped vehicles on train tracks
- Train dispatcher error
- Engineer negligence, including distracted operation, drowsiness, or intoxication
- Unsafe cargo loading, including excessive cargo amounts or failure to secure cargo
Liability for Hazardous Train Accidents
Depending on the causes of a train accident involving hazardous cargo, various parties may bear liability for injuries and losses suffered by accident victims, including:
- Train Engineer—A train engineer can cause an accident by operating the train negligently, such as speeding or disregarding track signals.
- Rail Line Owner—A rail line owner may bear liability for a hazardous train accident due to inadequate track and equipment maintenance. This may allow a train to derail or collide with another train on the line or a vehicle that crosses the tracks due to malfunctioning railroad crossings.
- Freight Railroad Company – A rail company may bear vicarious liability for an engineer’s negligence that leads to a train accident or an accident resulting from inadequate maintenance of the company’s rolling stock.
- Shipping Company—A shipping company may be responsible for a hazardous material spill from a train due to improper loading or securing of cargo on a container or railcar.
- Train, Railcar, or Container Manufacturer—A train engine, railcar, or hazardous material container manufacturer may be liable for an accident caused by a design or manufacturing defect in their product.
- Motorist – A motorist may cause a hazardous train accident by disregarding railroad crossing warnings and driving across or stopping on the tracks in front of an oncoming train carrying hazardous cargo.
Pursuing Financial Recovery for Hazardous Train Accidents
In an accident claim following a train crash or accident involving hazardous cargo, you may have the right to recover compensation for ongoing and future losses or expenses, including:
- Medical treatment and rehabilitation expenses
- Long-term disability care expenses
- Future medical monitoring expenses after exposure to toxic substances
- Environmental monitoring of your property after hazardous chemical or radiological spills from a train accident
- Lost income from missed work, including lost future earning capacity
- Pain and suffering from resulting injuries or chronic illnesses
- Diminished quality of life caused by disabilities, illness, or reduced life expectancy
- Costs of repairing or replacing damaged property, such as vehicle damage or structural damage to your residence or commercial property near the accident site
How Long Do You Have to File a Claim for a Hazardous Train Accident?
Under North Dakota’s statute of limitations on accident claims, you typically have six years to file a lawsuit against liable parties for injuries, physical complications, or property damage you suffer due to a hazardous train accident. Family members of deceased victims of hazardous train accidents have two years to file a wrongful death lawsuit. You can protect your rights and interests by speaking with a hazardous train accident attorney from Pringle & Herigstad, P.C., as soon as possible to begin pursuing your claims for financial compensation.
How Can Our Firm Help You Recover from Property Damage and Physical Harm Caused by a Hazardous Train Accident?
After a hazardous train accident, let the legal team at Pringle & Herigstad, P.C. handle the details of your legal claims so you can focus on your physical and emotional recovery. Our firm will fight for the financial recovery and justice you deserve by:
- Investigating the accident to recover evidence and identify the causes and all responsible parties
- Evaluating your legal options for seeking financial recovery
- Documenting your injuries and property damage and calculating what fair and total compensation looks like in your case
- Filing your claims and handling the claims process and negotiations to take stress off your shoulders
- Advocating for maximum compensation and justice for you, even if that means going to court or trial
Contact Pringle & Herigstad, P.C., to Discuss Your Legal Options
If you have suffered physical harm or property damage due to a hazardous train accident, you deserve experienced legal representation that will demand justice and financial recovery on your behalf. Contact Pringle & Herigstad, P.C., today to discuss your legal options with a hazardous train accident lawyer in a free, no-obligation consultation.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks, Minot, Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas. Our dedicated team is here to provide legal assistance and guidance to those facing the complex challenges that arise from these incidents.
