Buffalo Railroad Accident Lawyer

Millions Secured in Verdicts and Settlements

‹

$2,500,000

Settlement at trial for negligent road design

$2,400,000

Settlement at trial for a construction worker

$1,750,000

For a student injured at school

$1,300,000

For a motorcyclist

$1,200,000

Verdict for Car Crash Victim

$1,000,000

For a motorcyclist

$950,000

For car crash victim

›

Buffalo Railroad Accident Attorneys Who Build Winning Cases

Railroad injuries present unique challenges that differ from typical personal injury claims. They involve federal safety regulations, specialized equipment, and multiple potentially liable parties. A Buffalo railroad accident attorney at Hiller Comerford Injury & Disability Law can handle these complexities with precision, uncovering every factor that contributed to the accident.

Pinpointing Every Source of Liability

Accidents can involve the train operator, maintenance crews, signal technicians, contractors, and equipment manufacturers. Our attorneys reconstruct the chain of events, document operational failures, and identify every entity responsible. This thorough approach prevents insurers or corporations from shifting blame or minimizing responsibility.

Navigating Federal and State Rules

Workers on trains are generally protected under the Federal Employers Liability Act (FELA), while passengers and pedestrians rely on state negligence laws. These frameworks have different rules, filing requirements, and proof standards. Our team coordinates claims under both systems, ensuring deadlines are met and rights are preserved.

Preparing Cases for Maximum Leverage

Every case is treated as if it will go to trial, even when settlement is possible. Presenting a claim with expert-backed evidence and detailed liability mapping strengthens your negotiating position and discourages insurers from undervaluing the case. Our personal injury attorneys in Buffalo structure each claim to withstand aggressive defenses, making sure no detail is overlooked.

Railroad Accident Cases We Handle in Buffalo

Railroad accidents can have catastrophic consequences, and understanding the cause is key to pursuing a successful claim. Injuries may result from complex operational failures, equipment defects, or insufficient safety measures, and multiple parties can share responsibility, including railroad companies, contractors, manufacturers, and insurers. Identifying liability early is essential to preserving evidence, securing records, and protecting your rights.

• Vehicle-train collisions at crossings: Collisions between trains and cars or trucks involve detailed investigations into signaling systems, visibility, and driver versus railroad accountability.
• Passenger injuries on trains or platforms: Falls, sudden stops, or negligent boarding procedures can lead to severe harm. Reviewing platform conditions, maintenance records, and operational protocols is essential.
• Employee injuries under FELA: Railroad workers have protections under the Federal Employers Liability Act. Cases often involve long-term injuries caused by unsafe work conditions, overworked crews, or defective equipment.
• Derailments and equipment failures: Track defects, mechanical malfunctions, or improper inspections can cause derailments or accidents. Each claim requires technical analysis to establish negligence.
• Hazardous material incidents: Exposure to chemicals or other hazardous cargo can result in immediate injuries or long-term health issues. Multiple entities may be legally responsible for handling, transport, or storage.
• Platform or station accidents: Slips, trips, falls, and overcrowding incidents often stem from insufficient maintenance, staffing, or safety procedures. Investigating these factors is crucial to holding responsible parties accountable.

Even minor lapses in maintenance, signaling, or crew operations can lead to severe injuries or fatalities. A railroad accident attorney at Hiller Comerford Injury & Disability Law can analyze every contributing factor, obtain critical technical and medical evidence, and develop claims capable of withstanding the complex defenses used by railroads and insurers.

Acting promptly preserves records, supports accurate damages evaluation, and strengthens the case against multiple potentially liable parties.

What Types of Damages Can I Receive Through a FELA Claim?

Much like workers’ compensation claims, FELA cases cover both physical injuries and illnesses caused by occupational hazards. This regulatory structure allows victims to seek compensation for both immediate injuries and those that develop over time.

Through FELA, injured employees can pursue compensation for any monetary losses that result from their injuries. These payments are called “damages.”

“Economic” damages are those payments that are meant to compensate for the victim’s monetary losses. The most common examples are:

• Lost income and wages from missed work
• Current and past medical bills
• Anticipated future medical expenses

Other types of harm result in negative personal, emotional, or physical outcomes. Compensatory payments for this type of loss are known as “non-economic” damages. Typical examples of non-economic damages include:

• Physical pain and suffering 
• Emotional and mental anguish
• Post-traumatic stress disorder
• Loss of the ability to enjoy life
• Depression, anxiety, and panic disorder

Make sure to hire experienced railroad accident attorneys to accurately assess the value of your particular case. In some instances, claimants may be awarded “punitive” damages.

Punitive damages are not intended to compensate the railroad worker for their losses. Instead, these payments are meant to punish the negligent party. These types of damages are rare in civil claims.

Also, FELA covers the costs associated with wrongful deaths. Sadly, many railroad injuries are fatal for victims. When this happens, the deceased’s family members may have the right to pursue a wrongful death claim with the help of railroad accident attorneys.

The survivors of fatal railroad accident injuries may be entitled to compensation through FELA. Wrongful death claimants can recover payments for:

• Funeral expenses and burial costs
• The victim’s outstanding medical bills
• The loss of the victim’s income
• Loss of relationship or consortium

Do not accept a low settlement after a railroad accident injury. Work with lawyers who can help you secure the compensation needed to move forward. Our compassionate attorneys understand the physical, financial, and emotional challenges that follow railroad accidents. We fight to recover the full amount of damages you are entitled to.

Why Hiring a Buffalo Railroad Accident Attorney Matters

Railroad injuries in Buffalo often fall under the Federal Employers Liability Act (FELA) for employees or state personal injury laws for passengers and bystanders. These claims involve complex federal safety regulations, strict filing deadlines, and multiple potentially liable parties. Working with a Buffalo railroad accident attorney gives you an advocate who understands these nuances and can protect your rights from the start.

✓ Collects critical records, inspection reports, and maintenance logs before they are lost or altered
✓ Works with engineers, safety specialists, and medical experts to document cause and impact
✓ Identifies all potentially responsible parties, including contractors, insurers, and operators
✓ Handles communications with insurers and rail companies to prevent undervaluation of claims
✓ Prepares every case for trial while maximizing settlement leverage
✓ Protects settlements to avoid affecting Social Security, disability, or workers’ compensation benefits

Railroad accident claims can involve overlapping state and federal rules, strict statute of limitations, and intricate proof of negligence or safety violations. A train accident lawyer serves as your central advocate, coordinating experts, managing evidence, and guiding you through each step so your claim fully reflects the financial, medical, and personal impact of your injury.

Understanding the Federal Employer’s Liability Act (FELA)

The Federal Employer’s Liability Act (FELA) is very complex legislation. Pursuing any claim based on these regulations requires a skilled legal professional with plenty of experience.

FELA was first introduced in 1908. Since then, many additions have been made to clarify this regulatory framework. The main purpose of FELA is to provide railroad workers with legal recourse for any injuries that arise on the job. FELA also states how these injury victims should go about seeking compensation for the expenses related to their injuries.

At first glance, this type of financial recovery might seem like a form of workers’ compensation. However, there are important differences. To make a claim under FELA, the injury victim must show that their employer acted negligently. Further, they must provide evidence that the employer’s negligence was the cause of their injury. Workers’ compensation claims do not include this requirement. Because of this, victims may face limited recovery through FELA claims without the proper legal representation.

A railroad accident attorney at Hiller Comerford Injury & Disability Law is ready to fight for you. Our team understands the complexities of FELA claims and how to win them.

How Do You Prove Negligence in Railroad Accident Cases?

Proving negligence in a railroad accident case can be extremely difficult. For this reason, it is critical to have a knowledgeable legal professional representing your best interests during this challenging time. Some of the most common examples of railroad negligence include:

• Violations of relevant safety regulations
• Failure to maintain reasonably safe working conditions
• Use of defective or faulty equipment
• Failure to properly maintain railroad equipment

In order to file a successful FELA claim, the plaintiff only needs to show that their employer was somewhat negligent. The claimant does not need to prove that their injury was entirely the employer’s fault.

Because FELA relies on proving fault, claimants can lose their chance at recovering compensation. A skilled legal expert will use the available evidence in your case to show that you deserve financial recovery for the associated losses.

While the burden of proof is higher than in workers’ compensation claims, FELA benefits are typically more generous. Courts use a “comparative negligence” approach to determine compensation in FELA-related claims.

What is Comparative Negligence?

Comparative negligence involves assigning a percentage of liability to both you and your employer. The court will award you compensation based on the percentage of your employer’s liability. For instance, suppose that you are found to be 10% responsible for your injury, and your employer is 90% liable. If you were awarded $100,000 in financial damages, you would receive 90% of that amount – or $90,000.

Because the amount you can recover depends on comparative negligence, it is critical to have experienced railroad accident attorneys fighting for you. A knowledgeable lawyer will work diligently to secure the maximum financial compensation in your railroad accident case.

Frequently Asked Questions

Have questions about railroad accident claims in Buffalo? Our attorneys answer the most common concerns to help you understand your rights and options.