In all accidents involving trains, it is vital that prompt measures be taken by mass disaster accident attorneys to perform a proper accident and train investigation.
At Baum Hedlund we use comprehensive programs to ensure no stone is left unturned, during our train investigation or litigation process.
Among the many steps taken to precisely prepare a train investigation and litigate a train accident case we:
- Preserve all evidence throughout the train investigation
- Obtain reports of local governmental agencies
- Photograph scene, cars, undamaged equipment
- Obtain scale models of equipment
- Survey track area
- Obtain the National Transportation Safety Board (NTSB) report
- Obtain the Federal Railroad Administration (FRA), and any other government agency reports
- Obtain witness statements
- Acquire coroner reports and records
- Obtain the black box data if the train was equipped with an ECM (Electronic Control Module)
- Obtain the defendants’ safety record
- Get the full background and history on the conductor, rail switch operators, etc.
- Secure a train accident reconstruction expert
- Communicate with prosecuting attorney if any criminal proceedings are involved
- Determine the best legal venue determined by substantive law and choice of law issues
- Identify any governmental entities involved
- Prepare and file claim forms against governmental entities, if necessary
- Prepare and file the lawsuit
- Begin discovery to obtain information and documents by interrogatories, requests for production and subpoenas
- Depose the defendants and witnesses
- Prepare the case for trial
- Try or settle the case depending, first, on the needs of the client, and then on the behavior of the defendant(s)
It is our job to obtain best possible results for our clients by using effective train investigation, litigation, and resolution strategies.